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(영문) 서울행정법원 2017.04.20 2016구합81390
면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff has been operating a medical care institution called “D Council member” (hereinafter “instant Council member”) from July 1981, as a person who obtained a medical license (license number : B) under the Medical Service Act, and from Taecheon-si, as a member of the instant Council.

Punishment of the crime

Defendant

A is the director of "D's Council member" located in Thai City, and Defendant E is the director of the above hospital who manages all the administrative affairs of D's Council member as the secretary of the above hospital.

1. Defendant A and E’s fraudulent aiding and abetting patients, after completing certain medical treatment, such as injection, etc. at the above hospital, had a house and hospital, such as free home, and, in fact, could receive outpatient treatment, or sufficiently receive outpatient treatment, and even if they could receive outpatient treatment, they could have received an excessive long-term hospitalization compared to the appropriate number of days of hospitalized treatment, the said patients could belong to the hospital, and even if they could have received an excessive amount of false hospitalization. As such, the said patients could easily receive high-amount insurance money as if they were in the insurance company and received proper hospitalization treatment.

Defendant

A on October 27, 2009, the above hospital entered the hospital and related documents to the effect that the F, who was found as a patient, was hospitalized in the hospital and received hospital treatment by November 30, 2009, notwithstanding the fact that the F, by November 30, 2009, had actually received hospital pain treatment, and later, the F, upon receipt of documents, such as the certificate of hospitalization and discharge, submitted to the insurance company to claim insurance money, notified the Defendant E of the details to be stated in the certificate of hospitalization and the period of hospitalization. Defendant E prepared a false certificate of hospitalization and issued the F, based on the above documents, and the F, on December 1, 2009, received KRW 960,000 under the name of hospitalization allowance, etc. on December 1, 2009, and the F, who acquired Samsung Life Insurance Company as the victim, by deceiving the victim, to commit the crime.

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