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(영문) 서울남부지방법원 2015.03.13 2014고단4753 (1)

의료법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person may establish a medical institution, other than a doctor, etc. (a doctor, herb doctor, dentist, midwife, State or local government, medical corporation, non-profit corporation under the Civil Act, quasi-governmental institution under the Act on the Management of Public Institutions, local medical center under the Act on the Establishment and Operation of Local Medical Centers, or the Korea Veterans Welfare and Healthcare Corporation under the Korea Veterans Welfare and Healthcare Corporation Act (hereinafter referred to as "doctor,

On March 8, 2012, C (hereinafter referred to as “C”) other than co-defendants (hereinafter referred to as “Co-defendants”) has employed doctor D and operated the “Ewon,” which was a one-time hospital, on condition that it would pay KRW 12 million per month from March 8, 2012. On April 2013, G, an employee of the F Hospital, who was aware of such fact, may operate a hospital by directly employing a doctor without intention to establish the Medical Life Cooperative Hospital, and then employing the doctor as his/her salary at his/her bar, and the payment may be reduced from KRW 12 million per month to KRW 6 million, an expert who would introduce A, an expert in the formation of a two-month hospital. After establishing the Medical Life Cooperative formally, he/she opened and operates the medical institution, and was introduced by the Defendant.

The Defendant delegated A with the establishment of a medical and living cooperative on the condition that the Defendant pays KRW 1.5 million per month to A in the form of benefits, and accordingly, the Defendant recruited 316 formal members and proceeded with procedures such as the payment of contributions and the holding of an inaugural general meeting.

The Defendant: (a) around July 29, 2013, at the Seoul Special Metropolitan City Office: (b) around July 29, 2013, the Defendant: (c) prepared a false application for authorization to establish an E-Medical Life Cooperative as if its partners were to invest their investments, although C paid the full amount of investments by 316 members; and (d) submitted it to a public official who is aware of the fact to obtain authorization for establishment; and (c) made it the president