beta
(영문) 서울남부지방법원 2014.02.06 2013노1780

의료법위반등

Text

The defendant's appeal is dismissed.

Reasons

Defendant

The gist of the grounds for appeal by the defense counsel is that the punishment imposed by the court below (one year of imprisonment) is too unreasonable.

Therefore, in full view of various circumstances, including the fact that the Defendant, who is unable to establish a medical institution, established and operated an “Emedical life cooperative” with only the external appearance of a consumer cooperative under the Consumer Cooperatives Act, and established and operated a hospital for profit by using it, the Defendant acquired a large amount of money equivalent to 87 million won in total from the victim insurance companies through false medical treatment in the “F Council” established for the above purpose, as well as aiding and abetting the Defendant to commit fraud of insurance money against the insurance company by false hospitalized patients, the Defendant did not recover from the victim insurance companies, and the lower court has already been sentenced to punishment in consideration of the circumstances favorable to the Defendant, and there is no special circumstance or change of circumstances that may be considered newly after the sentence of the lower judgment was issued, and there is no other special circumstance or circumstance that may be considered newly in sentencing after the sentence of the Defendant was rendered, and the circumstances asserted by the Defendant and his defense counsel as grounds for appeal, i.e., the Defendant’s perception of the instant crime and the Defendant’s health need not be reversed even if the Defendant’s health and the Defendant did not obtain any amount of profit.

Therefore, the defendant and his defense counsel's assertion is without merit.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.