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(영문) 광주지방법원 2017.02.10 2016고합399

사기등

Text

Defendant

A Imprisonment of four years, imprisonment of one year and six months, and imprisonment of two years and fine of 30,000,000 won for Defendant C.

Reasons

Punishment of the crime

[criminal history] Defendant B was sentenced to a suspended sentence of two years for a period of six months by imprisonment with labor for a violation of road traffic law at the Gwangju District Court on August 11, 2016, and is still pending in the appellate court.

[Criminal facts] 1. 2. 2016 Gohap 399 - Defendant A and B

A. Defendant A’s sole crime committed a single crime committed by Defendant A, who had worked as clinical sergeant, established an incorporated association in its name, using the fact that it is possible to establish a hospital in the name of the incorporated association, and was willing to operate the hospital in the form of creating profits by employing and managing salary doctors, nurses, etc.

Defendant was aware of his knowledge around September 2010.

J established K, a non-profit private organization, which was established for the purpose of performing volunteer service activities for the non-party group in the community, by providing that “a person who operates a hospital and lends the name of the representative of the House to provide community service activities with the proceeds of the hospital,” and established K as the representative of the J around October 12, 2010. The above corporation created the same appearance as a non-profit private organization established for the purpose of performing volunteer service activities for the non-party group in the community, but included the establishment of a medical institution other

1) No person who violates the Medical Service Act shall establish a medical institution unless he/she is a doctor, dentist, herb doctor, assistance in child delivery, State, local government, medical corporation, nonprofit corporation, quasi-government institution, local medical center, Korea Veterans Welfare and Healthcare Corporation established under the Civil Act or any special Act (hereinafter the same shall apply).

Although the Defendant is well aware of the fact that a nonprofit corporation is unable to pursue profit-making, the Defendant established K, an incorporated association, for the purpose of operating an office-general hospital by forming a non-profit corporation as an individual governance structure, and added a medical institution establishment and operation business to Gwangju Seo-gu M on November 22, 2010, equipped with a treatment room, a water treatment room, and a hospitalization room, and is called “K member, an incorporated association” by employing medical doctors and employees.

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