Defendant

A Imprisonment with prison labor for three years and for two years, respectively.

However, from the date this judgment became final and conclusive, the defendant.

Punishment of the crime

1. It is impossible for the medical institution to be established unless the doctor, etc. violating the Medical Service Act, and even though the defendant A was unable to establish a medical institution, he was able to establish and operate a “office-type hospital” on the ground of the defendant B, who is the doctor.

Accordingly, Defendant A operated a hospital with the burden of operating funds for the establishment and operation of the hospital, and Defendant B conspiredd to receive personal rehabilitation expenses and living expenses, and around February 1, 2014, Defendant B opened a hospital in the Seo-gu Incheon Metropolitan Government Building with the name of Defendant B with 12 sick rooms and 80 sickbeds, and operated the hospital until January 2, 2018.

2. The Defendants conspired to establish and operate the “H convalescent Hospital” under the name of the Defendant as stated in paragraph (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and, as such, the said hospital was a hospital lawfully operated under the Medical Service Act, deceiving the victim by filing an application for medical care costs with the National Health Insurance Corporation, thereby inducing the victim, from February 2, 2014 to October 2017, the Defendants received a total of KRW 1,82,75,250 for 45 times from the victim to the victim, as indicated in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copy of each protocol concerning the examination of suspect with regard to I;

1. Each police statement made with respect to J, K, L, M, and N;

1. Each protocol of seizure and the list of seizure;

1. The details of money deposited by A in B as a medical care bond in the register of medical institution establishment permission (H convalescent), the H convalescent and outside photographs, the relevant data pertaining to the request for investigation by medical institutions (attached to the details of payment of claims), the details of deposit and withdrawal transaction (B) and the details of receipt and reception of text messages in M-A, mobile phone restoration files, cell phone restoration files from October 28, 2013 to February 7, 2014, the details of money deposited by A in B as a medical care bond, the details of payment - payment of O members’ medical expenses received from the Health Insurance Service, the details of transaction in the Saemaul Bank’s account in B’s name, the abstract, the business registration certificate, and the business registration certificate.