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(영문) 창원지방법원 거창지원 2018.06.01 2017고단32

사기등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

"2017 Highest 32"

1. No person who violates the Medical Service Act may establish a medical institution, other than a medical doctor, dentist, midwife, midwife, the State or a local government, a non-profit corporation established under the Civil Act or any special Act, a local medical institution under the Act on the Establishment and Operation of Local Medical Institutions, the Korea Veterans Welfare and Healthcare under the Act on the Establishment and Operation of the Korea Veterans Welfare and Healthcare (hereinafter referred to as "medical doctor, etc.")

While the Defendant was found to have a method of opening and operating a medical institution even though he was disqualified as a person, he was introduced G, the president of the “F Cooperatives” established under the Act on the Cooperative for Consumer Life, and the Defendant was able to invest approximately KRW 125 million in the examination bus, and KRW 150 million in G, and KRW 50 million in the amount of shares and operating income.

According to the mother of the above G division, around June 2013, the Defendant leased a building in G with the building in G and installed the clinic, physical therapy room, X-ray room, etc., and employed employees, such as doctor, radiation company, and nursing assistant, and then on September 30, 2013, the Defendant reported the establishment of a medical institution under the name of “I Council member (mutual change to J Council member on March 24, 2014),” and the Defendant used the office of the executive director, while the office of the president was used in the office of the executive director, and the office of the president was dealt with from the leading point of view, such as the recruitment and management of hospital facilities and human resources, and the reversion of the result of operation.

Accordingly, the Defendant, in collusion with G, established a medical institution even though it is not a “medical doctor, etc.”.

2. Where a person who is not eligible to establish a medical institution, in violation of the Medical Service Act, has had the National Health Insurance Corporation employ a doctor to provide medical treatment, he/she shall not claim expenses for medical care benefits and medical care benefits under the National Health Insurance Act;