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(영문) 전주지방법원 군산지원 2017.06.08 2016고합179

의료법위반등

Text

Defendant

A Imprisonment of three years and six months, and Defendant B shall be punished by imprisonment of one year and six months, respectively.

Defendant

A 461,471.

Reasons

Punishment of the crime

1. Although the Defendants’ initial indictment for the joint crime is stated in the “basic facts” as to this part of the facts charged, the said basic facts contain insufficient proof, and thus, include only the proven part in the trial process.

(a) No person other than medical persons, such as doctors in violation of the Medical Service Act, may establish a medical institution;

Nevertheless, the Defendants conspired to jointly operate the hospital in such a way that Defendant B is in charge of patient treatment as the president, Defendant A is in charge of overall administrative affairs related to the operation of the hospital, such as patient attraction, import of hospital, and expenditure management, as the chief of the office of general affairs, and jointly operated the hospital as above after having established the medical facilities, such as medical clinic, clinic, office, and medical equipment, in F from November 20 to August 21, 2014, from August 22, 2014 to February 1, 2016, and jointly operated the hospital.

B. Where a person who is not eligible to establish a medical institution in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) has established a medical institution in the same manner with a doctor and has the doctor perform medical practice, the person shall not claim medical care costs, etc. under the National Health Insurance Act

Nevertheless, the Defendants conspired to operate G Council members as described in the above A, and instead, as a medical practice conducted at a medical institution normally established between December 21, 2007 and December 23, 2015, filed a claim for medical care costs with the National Health Insurance Corporation for the victim, and subsequently, the Defendants received 3,695,268,320 won in total from the victim to the account under the name of the Defendant B, such as the 101 attached list of crimes (1).

2. A medical person, founder of a medical institution, or a person working for a medical institution shall obtain marketing approval of drugs;