beta
(영문) 청주지방법원영동지원 2019.01.23 2018가합578

부당이득금

Text

1. The Defendants jointly share KRW 805,172,550 to the Plaintiff and Defendant A from October 7, 2010 to June 8, 2018.

Reasons

1. Facts of recognition;

A. An incorporated association C (hereinafter “Nonindicted Association”) is a legal entity established to establish and operate a medical institution for medical guidance at home and abroad, and Defendant A is the chief director of the Nonparty Association.

B. Around July 2008, Defendant A lent the name of the non-party Association to Defendant B, and Defendant B decided to establish a medical institution under the name of the non-party Association.

Accordingly, on July 17, 2008, Defendant B reported the establishment of D Council members under the name of the Non-Party Association. From around that time to October 2010, Defendant B provided medical treatment to patients by having medical facilities and employing medical doctors, nurses, etc. as staff.

C. Defendant B is above B.

As to the diagnosis and treatment stated in paragraph (1), medical care benefit costs were claimed to the Health Insurance Review and Assessment Service, and from August 29, 2008 to October 6, 2010, the Plaintiff received from the Plaintiff totaling KRW 855,215,450.

The defendants are the defendants.

The fact that a medical institution was established in collusion with another medical institution without being entitled to establish the medical institution.

A public prosecution was instituted in the Seoul Southern District Court (2017Gohap349, 371, 379, 413, and 433) on the receipt of medical care benefit costs stated in the Paragraph (1) by conspiracy, deceiving the plaintiff and receiving property (49, 610, 320 won) by deceiving the plaintiff, and the above court sentenced the defendant A to three years of imprisonment and one year and six months of imprisonment for the defendant B.

The Defendants appealed to the Seoul High Court on the ground that the sentencing was excessive, and the said appellate court reversed the first instance judgment against Defendant B on June 7, 2018, and sentenced the Defendant B to the suspension of execution (2018No29 (Separation), 969 (Joint)) on June 15, 2018. The said judgment becomes final and conclusive on June 15, 2018. The first instance judgment against Defendant A on December 20, 2018 is reversed and imprisonment for three years.