특정경제범죄가중처벌등에관한법률위반(사기)등
Defendant
All appeals filed by A and prosecutor are dismissed.
Defendant A’s misunderstanding of the facts or misunderstanding of the legal principles on the grounds of appeal sought to operate the I Hospital together with his business. However, Defendant B did not bear all the expenses incurred in establishing the I Hospital. The actual owner of the I Hospital was the Defendant A, and Defendant A established and operated the I Hospital in the leading position.
Therefore, since non-medical persons do not fall under the case of establishing a medical institution, the violation of the Medical Service Act is not established, and there is no violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) which is premised on the violation of the Medical Service Act.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Medical Service Act.
The punishment sentenced by the court below (five years of suspended sentence of imprisonment with prison labor for three years) is too unreasonable.
The court below's each sentence sentenced to the Defendants (Defendant A: 5 years of suspended sentence of 3 years of imprisonment, and Defendant B: 4 years of suspended sentence of 3 years of imprisonment) is too uneasible.
Judgment
The lower court, based on the following circumstances, based on the evidence duly adopted and examined by the lower court, determined that Defendant A and Defendant B, who is not a medical personnel, agreed to establish a medical institution by investing their respective assets, and established and operated a medical institution.
As such, among the facts charged in the instant case, it was found guilty of violating the Medical Service Act and violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).
① On May 11, 2001, Defendant A came to know of Defendant B while operating A B’s urology. Defendant A offered a club with respect to the establishment and operation of a convalescent hospital to Defendant B around 2004, and Defendant B consented thereto.