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(영문) 서울서부지방법원 2018.11.28 2018고단761

의료법위반

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 29, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Medical Service Act at the Seoul Central District Court on October, 201, and the judgment became final and conclusive on April 26, 2012.

No person, other than those prescribed by statutes, such as a medical doctor, dentist, herb doctor, the State or a local government, or a corporation established for the purpose of the Medical Service Act, shall establish a medical institution.

The Defendant, while operating the J-type Department in Gangnam-gu Seoul on October 2009 at H, I, and the Defendant, a non-medical person, was equipped with hospital facilities by investing KRW 400 million in the J-type department and leasing the above hospital store in approximately KRW 98 square, and it is difficult for the Defendant, a doctor, to continue to operate the hospital under H’s name due to the suspicion of operating the hospital under the name of H, and thereafter, it is difficult for the Defendant to continue to operate the hospital under the name of H.

In I’s name, the term “K Embry Department” was put to place.

On October 21, 2009, the Defendant invested in the sex department at the time of establishment of the above JJ around October 21, 2009.

In order to continue to make an investment of KRW 300,000,000, out of KRW 400,000, in a way that does not receive a return, the hospital business, such as patient attraction business, employees, and fund management business, shall be controlled, and I shall invest approximately KRW 150,000,000, and he was in the position of the head of the above hospital, and H shall be in the position of the head of the above hospital and continued to operate the hospital.

On October 2010, the Defendant conspired to establish a new hospital by moving the hospital place together with H and I, changing the trade name into Nsung to “N-type department.”

Accordingly, the Defendant borrowed 50 million won to I and H in the form of a de facto operator of Nsung from January 2, 201 to December 2, 201, while the Defendant paid 832 billion won to the Defendant, despite being a de facto operator of Nsung, the Defendant borrowed 320 million won to I.

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