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(영문) 대구지방법원 2018.05.16 2017고합579

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. No person who violates the Medical Service Act shall establish a medical institution unless otherwise provided for in the Medical Service Act;

Although the Defendant is not a doctor, etc. prescribed under the Medical Service Act on March 12, 2013, the Defendant established a formally consumer life cooperative, and established and operated a medical institution as a representative of the actual association, and prepared a false amount invested by the Defendant as if the Defendant invested in the company, C, D, E, F, G, H, I, J, etc., which is a director, and deceiving a public official in charge of the Daegu City Viewing by submitting an application for permission for establishment of a false membership investment list to the public official in charge of the viewing of the company as if he/she completed the procedures prescribed in the Act, thereby inducing the public official in charge of the viewing of the company to know of the fact that he/she did not know of the application, from March 12, 2013, after obtaining authorization for the establishment of the “L Cooperatives (hereinafter “L”) with its principal office

A. From March 4, 2014 to September 1, 2014, the Defendant employed one doctor, one physical clinic, etc. in the Daegu Dong-gu N, Daegu-gu, and provided a medical treatment room, and reported the establishment of a medical institution under the name of “L” with the name of “L”, and the Defendant established and operated a medical institution under the name of “L Cooperatives Mate”.

B. From September 1, 2014, the Defendant of L Cooperatives OG established and operated a medical institution under the name of “L” after employing three doctors, eight nurses, and having been equipped with a clinic, hospital room, etc. in the Daegu-gu P from September 1, 2014, and filing a report on the establishment of a medical institution under the name of “L” with the name of “L Cooperatives O hospital.”

2. Where a medical institution is established even though the medical institution is not a doctor, etc. in violation of the Medical Service Act by fraud of expenses for medical care benefits, no medical care benefits under the National

A. The Defendant of M Council members is establishing and operating a medical institution even if the date and time, place, etc. described in paragraph 1’s (a) are not intended.

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