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(영문) 부산지방법원 2016.06.24 2016고합139

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

1. Defendant A shall be punished by imprisonment for two years.

2. Defendant B and C shall be punished by imprisonment with prison labor for one year and six months.

Reasons

Criminal facts

[Relationship between the Defendants’ Status and Trade Name] Defendant A is the de facto operator of M oriental medical hospitals, NM oriental medical hospitals, incorporated associations, and NO-O convalescent hospitals established in sequence in Busan-gun L.

Defendant

B and Defendant C provided the name of the medical doctor of M&C in the name of the hospital established by Defendant B.

Defendant

D is the representative director of N, who is an incorporated association, and has provided the name of N, an incorporated association under the name of the establishment of M oriental medical hospitals and O convalescent hospitals.

[Criminal facts]

1. Joint crimes committed by Defendants A, B, and C

(a) No person who violates the Medical Service Act may establish a medical institution, unless he/she is a doctor, dentist, dentist, midwifery, the State, a local government, a medical corporation, the Civil Act, a non-profit corporation or quasi-governmental institution;

Nevertheless, the Defendants established a hospital by providing the name of establishment as an oriental medical doctor by using the hospital facilities in which Defendant A had already completed the preparation for opening the hospital. The Defendants conspired to operate the hospital by providing the name of the medical doctor, including the personnel management, including the employment of Defendant A, and the financial management, including the revenues and expenditures of the hospital, and Defendant B and Defendant C, respectively.

On October 1, 2012, the Defendants opened a hospital in the name of Defendant B at the above location, and operated the hospital as discussed above from around that time to December 2, 2013.

As a result, the Defendants conspired to establish a medical institution without the qualification of the Defendant A to establish a medical institution.

B. The Defendants, who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), concealed the establishment and operation of a medical institution by Defendant A, not a medical personnel, and conspired to receive medical care benefits and medical expense from the National Health Insurance Corporation.

The Defendants’ written indictment, which was completed at the above hospital around November 19, 2012, is written as Defendant P in the indictment of Defendant B.