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1. The Defendant’s KRW 33,963,604 for the Plaintiff and KRW 5% per annum from August 5, 2015 to July 6, 2016.
Reasons
1. Basic facts [Violation of the Medical Service Act] 1) Defendant and A may not establish a medical institution unless they are the co-principals of the Defendant and A. However, A, who was a doctor, established and operated a medical institution under the name of the Defendant, and was introduced through Bromoer C with the Defendant through Bromoer on April 2009, and was employed by the Defendant on a monthly salary of KRW 10 million with the Defendant. A reported the “E Council” with the Defendant’s license on April 22, 2009, and operated the “E Council” with the Defendant’s license from the said date to September 21, 2009. Accordingly, the Defendant conspired with A to establish a medical institution. Accordingly, the Defendant is a general doctor and a non-medical person cannot perform medical acts under employment of a person who is not a founder of a medical institution.
Nevertheless, the defendant was employed by "E" from April 22, 2009 to September 21, 2009 by "E" and received a monthly wage of KRW 10 million and performed medical practice.
Accordingly, the defendant was employed by a person who is not eligible to establish a medical institution and provided medical services.
[Fraud] In collusion with A, the Defendant filed a claim for medical care benefit costs with the National Health Insurance Corporation on May 4, 2009 by pretending that non-medical persons established and operated a medical institution in a normal condition, as described in the above paragraph (1). Around May 4, 2009, the Defendant received KRW 8,108,300 for the same month from the above victim to the bebol Credit Union (F) account in the name of the Defendant and acquired KRW 116,915,490 in total six times from May 22, 2009 to October 12, 2009. The Defendant was sentenced to the suspended sentence of imprisonment with labor for 2 years from June 9, 2015 to June 9, 2015, and the judgment became final and conclusive on July 17, 2015.
B. The Plaintiff is the National Health Insurance Corporation due to the above criminal facts.