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(영문) 대전고등법원(청주) 2016.07.20 2015누10231
부당이득금징수처분취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following Paragraph 2. Thus, it is acceptable to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Following the first instance judgment of the first instance court, "No. 6.1 (C.), 9. Plaintiff A, the head of the hospital of this case, who was in charge of the hospital business, concluded a contract on the operation of the hospital restaurant with F, the operator of E, and the hospital, and agreed to operate the cafeteria and the cook under the jurisdiction of the above hospital in order to receive additional charges from the hospital, among the patient's health care benefits, and actually agreed to operate the hospital's cafeteria and the cook under the jurisdiction of the above hospital, and reported it to the National Health Insurance Corporation as if he operated the cafeteria under the direct control of the hospital, and requested additional charges to the Review and Assessment Service on May 1, 2009, and received 941,580 won under the name of additional charges from the National Health Insurance Review and Assessment Service on November 1, 201. Plaintiff A was acquitted by the appellate court by deceiving staff of the National Health Insurance Corporation from the above method until November 1, 2011, but the Prosecutor was found guilty on 314.1.

3. Accordingly, the decision of the first instance court is justified, and the plaintiffs' appeal is justified.

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