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(영문) 수원지방법원 안산지원 2014.09.23 2014고단1352

의료법위반

Text

Defendant

A and B Imprisonment for 10 months, Defendant C, D, E, and F shall be punished by imprisonment for 6 months, and Defendant G shall be punished by a fine of 4,00,000.

Reasons

Punishment of the crime

Defendant

D On October 31, 2013, the Suwon District Court sentenced 2 years of suspension of execution to 6 months of imprisonment with prison labor for a violation of the Act on Special Measures for the Control of Public Health Crimes (unlawful medical service providers), and the judgment became final and conclusive on November 8, 2013.

Defendant

On April 4, 2013, F was sentenced to imprisonment with prison labor for the crime of obstruction of the performance of official duties by fraudulent means in the Daejeon District Court's Incheon District Court's Branch, and the judgment became final and conclusive on September 2, 2013.

1. No person, other than a medical doctor, herb doctor, dentist, midwife, the State, a local government, a medical corporation, non-profit corporation or quasi-governmental institution established under the Civil Act or any special Act, shall establish a medical institution;

Defendant

A and Defendant B found the method of establishing and operating a medical institution in spite of the fact that they cannot establish a medical institution because they are not doctors, etc., using the fact that at least 300 members of the Consumer Cooperatives Act agree to establish the association even if they are not doctors, etc., and if the total amount of money invested by the persons consenting to the establishment is at least 30 million won, the KK association, a non-profit corporation, may be established with the approval of the Mayor/Do Governor, and the KK association provides for the establishment of a medical institution for health and medical services, such as improvement of the health of members of the association, etc., after inviting members of the association and obtaining the authorization of establishment by paying the money for the investment, and, in order for other persons to establish the medical institution,

As a result, Defendant A and Defendant B secured 300 members who consent to the establishment of an association using the name of family members and branch members in the name of 2 B104 in Seongbuk-gu L Building 2, Seongbuk-gu, Sungnam-gu, and completed the registration of incorporation of the K association on January 20, 201 with the approval of the establishment of the K association from the Gyeonggi-do Governor on January 20, 201, when Defendant A and Defendant B invested at least 30 million won of investment in the said association.