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1. Defendant B and C jointly share KRW 34,151,670 for the Plaintiff and its related amount from November 24, 2008 to November 17, 2015.
Reasons
1. Facts recognized;
A. Defendant B, C, and D (hereinafter “foreign corporation”) were indicted for the following criminal facts and sentenced to each guilty judgment (the first instance court Incheon District Court Decision 2008Da5569 and the appellate court Incheon District Court 2009No407). Defendant A was the representative director of the non-party corporation at the time.
【Criminal Facts】
Defendant B is the secretary general of the non-party corporation, and the non-party corporation is a non-profit corporation established for cooperation among missional organizations.
1. Even if a non-profit corporation is capable of establishing a medical institution, Defendant A and a non-profit corporation agreed to establish a medical institution in the name of the non-profit corporation in the name of the non-profit corporation although the non-profit corporation could not establish the medical institution. Defendant C, who is not a medical personnel, promised to pay subscription fees, deposit money, monthly management expenses, etc. in return for the establishment of a medical institution in the name of
Defendant B and C conspired, from April 17, 2007 to July 31, 2008, established a medical institution under the name of the medical institution called “Eth of an incorporated association” with medical rooms, etc. employed by the Defendant C from around July 17, 2008 by medical doctors, nurses, and other employees, and had the medical doctor conduct medical treatment against the patients, thereby raising a total amount of KRW 161,475,110.
2. From October 4, 2005 to July 31, 2008, the non-party corporation established 35 medical institutions in collusion with non-medical persons, including Defendant B and Non-party F, an employee of the non-party corporation.
B. As above, Defendant C provided medical treatment to workers who suffered industrial accidents after being designated as an industrial accident insurance-related medical institution while operating the medical institution, and received KRW 34,151,670 from the Defendant as medical care benefits under the Industrial Accident Compensation Insurance Act.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Defendant B and C