A. The Plaintiff is a special public corporation established under the National Health Insurance Act in order to manage and operate health insurance services, such as the national health insurance for the prevention of disease and injury, diagnosis, medical treatment, and rehabilitation of the citizens, for childbirth and death, and for improvement of health, and the B association (hereinafter “instant association”) is a C association under the Consumer Cooperatives Act which obtained authorization on June 23, 2009 and completed the establishment registration on July 7, 2009, and the Defendant is registered as the president of the instant association.

B. On September 11, 2009, the Defendant, on a building located in Daegu-gun D, employed one oriental medical doctor, two nurses, two employees, etc., and established a medical institution under the trade name, “Ehanwon (hereinafter “E”) using the name of the instant association,” and using the pertinent association’s name.

C. After establishing the instant Institute, the Defendant filed a claim for medical care benefit costs against the Plaintiff, while operating the instant Institute by having the Korean Medical Doctor, etc. employed by the Plaintiff treat the patient at the Korean Medical Center. From October 2009 to May 2013, the Defendant received KRW 360,057,110 in total from the Plaintiff to May 2013.

[Violation of the Medical Service Act] No person may establish a medical institution without a doctor, etc.

While the defendant found the method of opening and operating a medical institution even though he is disqualified for doctors, he had formally established the C Cooperatives by using the fact that the Consumer Cooperatives Act is applied in preference to the Medical Service Act, and had thought to open and operate a medical institution as the representative of the actual association.

The Defendant obtained authorization to establish the instant association on June 23, 2009, and the same year.

7.7. The establishment registration of the instant association, the president of which is Defendant, was completed.

In addition, the Defendant established a Council member of this case using the name of the instant union.

Accordingly, the defendant is a doctor.