Text
Defendant
A Imprisonment for three years, and Defendant B shall be punished by a fine of 5,000,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
1. Defendant A
A. 1) The Defendant violated the Medical Service Act, taking advantage of the fact that the consumer life cooperatives are able to engage in health care business for improving the health of its members, established a DNA cooperative that enables medical institutions to be established in the form of a formality, and had the intent to establish and operate a medical institution in the name of such D cooperative.
Therefore, on May 9, 2013, the defendant recruited members and directors in a way that the defendant pays his contributions to the members on behalf of the defendant, and organized the D Cooperatives formally by holding the inaugural general meeting of the D Cooperatives in the Seo-gu G building in Gwangju, Seo-gu, Gwangju, and by taking office as the president.
On March 14, 2014, the Defendant: (a) provided approximately 12 hospitalization rooms, treatment rooms, and physical therapy rooms in Gwangju North-gu H; and (b) provided a medical institution establishment report to the Gwangju-gu Metropolitan City Mayor using the name of the cooperative after employing a doctor I; and (c) provided a medical institution establishment report using the name of the cooperative.
Accordingly, the Defendant, who is not a doctor, established a medical institution.
2) A medical institution that is not established pursuant to the Medical Service Act can not seek medical care benefits costs under the National Health Insurance Act.
Nevertheless, around March 2014, the Defendant submitted a medical care benefit statement to the Health Insurance Review Evaluation Institute and requested the review thereof. Upon receipt of the result of the review, the Defendant received 3,368,950 won from the Victim's Gwangju Bank Account (J) in the name of F Council member around April 17, 2014 from the National Health Insurance Corporation that believed it as true, and received 3,368,950 won from the Victim's Bank Account in the name of F Council member around April 17, 2014, as shown in attached Table 1, and received 426,139,260 won in total over 35 times from that time to June 23, 2015, and received 200 won in total from March 27, 2014 to June 29, 2015 as in attached Table 2.
This is the defendant.