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(영문) 서울중앙지방법원 2019.06.19 2018가합594515
부당이득금
Text

1. Of the instant lawsuit, Defendant B’s organization, C, D, E, F, and G.

Reasons

1. Basic facts

A. The Plaintiff is a doctor who operated an O hospital, a hospital for cancer patients, located in N in Gyeonggi-gun from November 2012 to May 2015.

B. From November 2012, the Plaintiff, while operating an O hospital, provided treatment for cancer patients, such as high-frequency heat treatment or stove, while hospitalized them, and issued receipts and a false statement of the number of medical treatment for high-frequency heat treatment and stove for patients to P and the above hospital, which are the head of the team at charge of the pertinent hospital, to find a large number of patients, and issued them with the receipt and a false statement of medical treatment for patients, and the patient submitted the receipt and the detailed statement of medical treatment received as above to the insurance company to which he/she joined, and received the insurance money in excess of the actual medical treatment amount, as stated in the false statement, and operated the hospital by receiving the Plaintiff.

C. As above, the Plaintiff was indicted with Suwon District Court Branch Branching 2015Kadan924 on the charge of fraud, etc. as to the fact that it acquired pecuniary benefits equivalent to the difference between the insurance money paid by deceiving insurance companies, including the Defendants, and the actual medical expenses. The said court rendered a judgment of conviction of all the above charges, and sentenced the Plaintiff to imprisonment with prison labor for three years and six months and a fine of two million won.

In relation to this, the Plaintiff appealed as Suwon District Court 2016No5549. During the appellate trial, the indictment was amended to delete part of the facts charged in fraud against Defendant J and K. On February 21, 2018, the said court sentenced the Plaintiff to imprisonment with prison labor for two years and fines of two million won. On February 21, 2018, the said court was merged with Defendant C, D, E, F, G, H, I, Q Co., Ltd. (hereinafter “ Q”).

The judgment of innocence was rendered in respect of each crime of fraud.

As to this, the Plaintiff filed an appeal with 2018Do4869, but the said judgment was withdrawn on March 19, 2018.

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