beta
(영문) 광주지방법원 2012.10.12 2012노512

의료법위반등

Text

The appeal by the Defendants and the prosecutor shall be dismissed respectively.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court to Defendant A (one year of imprisonment, two years of suspended execution, and 40 hours of community service) is too unreasonable.

B. Defendant B (Defendant B) misunderstanding of facts as the representative of a legal entity, used the corporate card for the purpose of the legal entity’s business, and thus, the court below found Defendant B guilty of this part of the judgment, which affected the conclusion of the judgment, by misunderstanding of facts. (2) The sentence (one year of imprisonment, two years of suspended execution, one hundred and twenty hours of community service) sentenced by the court below of unfair sentencing is too unreasonable.

C. The Defendants in violation of the Medical Service Act 1) were not guilty of violating the Medical Service Act by misunderstanding the facts and thereby adversely affecting the conclusion of the judgment, since they established the Omedical Foundation, obtained the authorization and permission, and established the E hospital through the above legal entity.

B) Since the court below did not have any reasonable explanation that the Defendants used the corporate card for the operation of the hospital with respect to the use of the corporate card which was acquitted of the Defendants at the court below, the court below found the Defendants not guilty of this part, which affected the conclusion of the judgment by misunderstanding the facts. 2) The punishment sentenced by the court below of unfair sentencing to the Defendants is too une

2. Judgment on the assertion of mistake of facts

A. Part 1 of the charge of violation of the Medical Service Act) The summary of this part of the charge is as follows. The Defendants’ summary of the charge is the medical corporation’s O medical foundation (hereinafter “instant medical corporation”).

3) The E hospital (hereinafter “instant hospital”) in the name of the medical corporation of this case after obtaining permission for its establishment

Although the medical corporation of this case was established, the medical corporation of this case cannot be deemed to have established the medical corporation of this case because it was merely a disguised corporation with no substance, and the defendants, not medical personnel, are not medical personnel.

참조조문