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(영문) 광주지방법원 목포지원 2018.02.02 2017고단550

의료법위반등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

1. No person who violates the Medical Service Act may establish a medical institution unless he/she is a doctor, etc.;

The defendant, using a series of health and medical services to improve the health of his/her members, established the consumer life cooperative, and led the consumer life cooperative to open and operate a "office-based hospital" under the name of its member.

The Defendant paid most of the contributions to the establishment process of a cooperative to the actual Defendant and the Defendant’s family members, and the inaugural general meeting did not run normally, such as the attendance of less than a majority of the actual members, and the promoters’ competition did not meet the substantive requirements for the establishment of the cooperative, but did not support the establishment of the cooperative on December 23, 2008, such as the attendance of less than 30 persons. In addition, the Defendant applied for authorization for the establishment of the said cooperative on February 10, 2009 by submitting false documents to the Do by the promoters, the inaugural general meeting, etc. as if the promoters’ competition and the inaugural general meeting were normally made.

The Defendant continued to operate the said member from September 30, 2010 to June 13, 2016, after changing the name of the “T member,” which is the office director hospital in which the previous Defendant had been operating, into “N association T member,” and changing the name into “T member,” and re-report on the establishment.

Accordingly, the Defendant established a medical institution even though he is not a doctor, etc.

2. On August 3, 2015, the Defendant, as described in paragraph 1, opened and operated a “N association T member” and requested an examination by submitting a medical care benefit statement for patients who received medical treatment at the above hospital to the staff in charge of the health insurance review and evaluation.

However, the above association is established with only the appearance for the operation of the so-called "office-general hospital" of the defendant who is not a medical person.

참조조문