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(영문) 부산고등법원(창원) 2019.10.02 2019누10378
요양급여비용환수처분취소 등
Text

1. The judgment of the court of first instance is modified as follows.

On February 4, 2015, the Defendant provided medical care benefit costs to the Plaintiff on February 4, 2016.

Reasons

1. Details of the disposition;

A. From August 4, 2008 to September 9, 2010, the Plaintiff retired from office in the C Hospital located in Kimhae-si B (hereinafter “C Hospital”), while serving as the head of the division, and on September 17, 2010, the Plaintiff was a medical specialist who opened the E-type medical care institution for the E-type medical care institution under the National Health Insurance Act (hereinafter “E-type medical care institution”).

B. On November 11, 2013, the chief of the Changhae Police Station sent the case to the original District Prosecutors’ Office as a prosecution opinion on the Plaintiff’s fraud, fraud, aiding and abetting, Medical Service Violation, Pharmaceutical Affairs Act Teachers, Medical Technicians, etc. Violation of the Act on the Control of Narcotics, Etc., and notified the Defendant of the above contents on March 12, 2014. (2) On March 31, 2014, the original District Prosecutors’ Office indicted the Plaintiff as the charges of fraud, fraud, Pharmaceutical Affairs Act Violation, Medical Technicians, etc. (hereinafter “instant charges charges”).

(J) Changwon District Court 2014Kadan752). The summary of the facts charged in the instant case is as follows.

1. From December 30, 208 to December 31, 2012, the Plaintiff: (a) assisted insurance fraud patients to receive insurance proceeds of KRW 930,241,156 from the insurance company; (b) assisted C Hospital from receiving the insurance proceeds of KRW 24,541,580 from the Defendant during the period from December 30, 208 to September 1, 2010; and (c) obtained the medical care benefit costs of KRW 97,316,151 from the Defendant as an operator of the E-type foreign department from October 6, 2010 to December 31, 2012.

2. From September 28, 2010 to February 23, 2013, the Plaintiff in violation of the Pharmaceutical Affairs Act had G and H continue to prepare all kinds of horse drugs, such as recreation, etc. for inpatients, without employing a pharmacist in the E-type department.

Accordingly, the plaintiff is G.

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