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(영문) 전주지방법원 정읍지원 2018.08.07 2017고단269

의료법위반등

Text

Defendant

Imprisonment with prison labor for two years and six months, and for defendant B, eight months, and for defendant C, respectively.

Reasons

Punishment of the crime

Defendant

A is the F's children of the person F who jointly owns land and buildings in E, while actually managing the said real estate, he/she used another person's medical license without any medical qualification to establish and operate a medical institution.

Accordingly, Defendant A provided a hospital facility at the above location, procured necessary operating funds, manage the hospital, and Defendant B, Defendant C, and Defendant D, a medical person, established and operated a medical institution by providing the name of the establishment of the medical institution in order to pretend that the medical person operates the hospital, and conspired to receive medical care costs from the National Health Insurance Corporation.

1. Joint crimes committed by Defendant A and Defendant B

(a) No person, other than a medical doctor, dentist, herb doctor, midwife, State or local government, corporation established for the purpose of rendering medical services, non-profit corporation established under the Civil Act or any special Act, quasi-government institution established under the Act on the Establishment and Operation of Public Institutions, local medical center under the Act on the Establishment and Operation of Local Medical Centers, or the Korea Veterans Welfare and Healthcare Corporation under the Act, may establish a medical institution;

Nevertheless, on November 6, 2015, the Defendants: (a) obtained permission to establish a medical institution under the name of G hospital in the name of Defendant B after having been equipped with medical facilities, such as diagnosis rooms and hospitalization rooms; and (b) on November 27, 2015, Defendant B agreed to directly receive the above claim for medical care benefits from the National Health Insurance Corporation under the name of Defendant B, the wife of Defendant A, and to operate the hospital through the I bank account in the name of H; and (c) on November 27, 2015, Defendant B agreed to operate the hospital by not later than February 6, 2016.