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1. Defendant A, B, and C jointly share KRW 80,477,620 to the Plaintiff, as well as the year from March 24, 2012 to July 8, 2015.
Reasons
1. Basic facts
A. Defendant A, who is not a doctor, etc., established the E Cooperatives (hereinafter “instant Cooperatives”) to establish a medical institution, and agreed in order to establish the hospital in the name of the instant Association with Defendant B and Defendant C, who was in de facto marital relationship with Defendant A, who was in a de facto marital relationship with Defendant B.
B. On July 23, 2010, Defendant A, in collusion with Defendant B and C, established the instant association on the 6th floor of the F building in Daegu-gu, Daegu-gu, and on August 11, 2010, at the same place, established a medical institution with the trade name, “GGGGGGGGGGGGB” as it had one oriental medical doctor, one assistant nurse, one medical records recorder, and one dispensary, etc. at the same place as of August 11, 2010.
(hereinafter referred to as the “instant hospital”). C.
Defendant A was registered as the president of the instant association from August 23, 2010 to May 18, 2012, and as directors from May 18, 2012. Defendant B was registered as directors from July 23, 2010 to May 23, 201, and Defendant C was registered as directors from February 7, 201 to each other.
Meanwhile, from August 11, 2010 to September 2010, Defendant A, along with Defendant B and C, provided medical care benefits costs of KRW 80,477,620 to the Health Insurance Review and Assessment Service, after having the instant hospital employ herb doctor H, etc., and submitted a detailed statement of health care benefits under the name of the instant hospital to the Health Insurance Review and Assessment Service, and received notice of the results from the Plaintiff from September 23, 2010 to March 23, 2012.
E. As seen above, Defendant A was indicted of violation of the Medical Service Act in collusion with Defendant B and C, who operated a medical institution as a person other than a doctor, and the fraud that the Plaintiff acquired medical care benefits by deception from the Plaintiff, and the Daegu District Court was sentenced to imprisonment with prison labor for one year and two years of suspended sentence on May 13, 2016, and the above judgment became final and conclusive as it is.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 8 (including virtual numbers; hereinafter the same shall apply) and the purport of the whole pleadings.