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(영문) 서울북부지방법원 2018.05.11 2017고합476

의료법위반등

Text

Defendant

A Imprisonment with labor for a period of five years and a fine of ten million won shall be imposed on a defendant medical corporation.

Defendant

A medical corporation B.

Reasons

Punishment of the crime

[criminal record] On September 5, 2007, Defendant A was sentenced to imprisonment with prison labor for a crime of fraud and a violation of the Medical Service Act at the Seoul Southern District Court on September 5, 2007 and completed the execution of the sentence on August 14, 2008.

[Criminal facts]

1. Defendant A

(a) No person who violates the Medical Service Act may establish a medical institution, unless he/she is a doctor, herb doctor, dentist, assistance in child delivery, the State, a local government, a medical corporation, a nonprofit corporation under the Civil Act, or a quasi-governmental institution;

Nevertheless, on September 2010, the Defendant came to know that the procedures for voluntary auction on the building and site of the E hospital located in the Asan City D (hereinafter “C”) (hereinafter “B”), which had been operated by the medical corporation C (hereinafter “C”), had been in progress, and planned to operate the “office hospital” under the name of the Defendant, by raising funds and accepting C, at the auction of the above hospital building, etc., and by newly establishing the hospital C under the name of the contract, and by taking charge of overall operation of the hospital.

Around October 2010, the Defendant: (a) agreed to the F of C to access the building, etc. of the above hospital to obtain a successful bid for the establishment and operation of the convalescent hospital; and (b) agreed to the case that he/she was aware that the plan was planned to establish and operate the convalescent hospital; (c) on December 21, 2010, he/she was appointed as the representative director of C; (d) transferred the name of the foundation to a medical corporation B (hereinafter referred to as “B”); (c) transferred the name of the foundation to a medical corporation B (hereinafter referred to as “B”); and (d) provided that the Defendant was operating a hospital for the purpose of the mission (hereinafter referred to as “J church”); and (d) provided that the above J church was awarded a successful bid for the above hospital building, etc. on January 19, 201; and (d) received benefits from discount to the members of the above church; and (e) donated the building to the above medical corporation on March 3, 2011.

After that, the Defendant prepared to establish a hospital by lending money from relatives, etc., such as purchasing medical machinery, etc., and around April 7, 201.

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