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1. The Defendants jointly share KRW 320,907,060 to the Plaintiff and Defendant B from May 19, 201 to April 21, 201.
Reasons
1. Basic facts
A. The Defendants established and operated the hospital of the Defendants, even though they were not medical personnel, established and operated the Evalescent (hereinafter “instant hospital”) in the Seo-gu Incheon Metropolitan City from December 21, 201 to April 1, 201, notwithstanding the fact that they were not qualified to establish a medical institution.
B. The Defendants, who paid the Plaintiff’s medical care benefit cost, had C, the doctor from December 21, 201 to April 1, 201, which was the period when the instant hospital was established and operated, provided medical treatment at the instant hospital, and filed a claim for the medical care benefit cost prescribed by the National Health Insurance Act with the Plaintiff, and received KRW 320,907,060 in total from the Plaintiff as the medical care benefit cost.
C. The Defendants established a criminal conviction under the Incheon District Court Decision 2015Ra170 (Separation), 2015Kahap349 (Separation or consolidation) (1) was not possible to establish a medical institution, but the Defendants conspired with C, a doctor, to establish and operate the instant hospital from December 21, 2010 to April 1, 201, and (2) were indicted as the facts charged of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) that the instant hospital was unlawfully established under the Medical Service Act for the said period, by deceiving the Plaintiff as if the instant hospital was a medical institution legally established under the Medical Service Act, and the said court convicted the Defendants of all the facts charged against the Defendants on March 23, 2016, and sentenced them to four years of imprisonment.
On July 19, 2016, the Defendants appealed as Seoul High Court Decision 2016No989, and the above court rendered a three-year imprisonment with labor for Defendant A, and the two-year imprisonment with labor for Defendant B, and four-year suspended execution with labor for Defendant B. The above judgment became final and conclusive on July 27, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 6, the purport of the whole pleadings
2. Determination as to the claim
A. The plaintiff's assertion 1 is asserted by the parties.