The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Evalescent was supplied with food materials from G (hereinafter “G”) operated by H, without being entrusted with the operation of the restaurant, and directly operated the restaurant at the hospital. Since the restaurant dietitian and the cook employed the hospital’s employees, there was no deception by the National Health Insurance Corporation in relation to the claim for direct operation additional charges, dietitians’ additional charges, cooking charges, and selective meal additional charges.

2. Around March 3, 2008, the Defendant: (a) opened and operated a sanatorium in Eunpyeong-gu Seoul Metropolitan Government; (b) concluded a contract for food materials supply with H representative director of G Co., Ltd. (hereinafter “G”) through the Vice-PresidentF under his/her management at the E-Cvalescent Office; and (c) agreed to bear the salaries of employees, such as dietitians and cooks, under his/her jurisdiction within the premises of the Evalescent Office, from G operated by H.

Accordingly, H receives a report on the salaries of employees belonging to the E-Cvalescent cafeteria and the expenses for the operation of the restaurant, and separately provides employees with education from G, directly pays the expenses for the management of the restaurant, and pays incentives to employees, etc., while employees are formally belonging to E-Cvalescent, considering the aspects of wages, management, etc., they do not actually belong to E-Cvalescent. Despite the fact that the E-Cvalescent cafeteria in the E-Cvalescent cafeteria was operated in the form of consignment management, not directly operated by the E-Cvalescent cafeteria on March 2008, the Defendant, via the working staff of E-Cvalescent cafeteria, filed a claim for the 54,960 won from the victim’s bank account (I) in the name of the Defendant.