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(영문) 서울북부지방법원 2015.06.12 2014고합539

의료법위반등

Text

Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by imprisonment of three years, respectively.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

On September 2012, the Defendants conspiredd to operate the hospital in the name of Defendant A by employing Defendant A, who is a doctor of Defendant B.

1. No person other than medical persons, such as doctors who violate the Medical Service Act, may establish a medical institution;

From September 6, 2012 to July 2014, Defendants were equipped with medical facilities such as counseling rooms and hospitalization rooms in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and Defendant B provided Defendant A with monthly salary of KRW 7 million and established and operated “G convalescent hospital” in the name of Defendant A.

2. Where a person who is not entitled to establish a medical institution in violation of the Medical Service Act on the Aggravated Punishment, etc. of Specific Economic Crimes has engaged in medical practice by employing a doctor, no medical care benefit cost may be claimed under the National Health Insurance Act

From September 6, 2012 to July 2014, the Defendants: (a) provided that Defendant B employed Defendant A and provided medical treatment; and (b) received a total of KRW 329,222,900 in the name of the Defendant’s bank account in the name of the business bank account in the name of the Defendant between November 9, 2012 and July 28, 2014 from the victim who believed to be true by claiming medical care benefit costs with the National Health Insurance Corporation; and (c) received a transfer of KRW 329,222,90 in the form of medical care benefit costs from the victim who believed to be true.

As a result, the Defendants conspired to establish a medical institution, which is not a medical personnel, and acquired a total of KRW 329,222,90 from the victim as medical care expenses.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each interrogation protocol of the prosecution against H, I, and J;

1. Each police statement on K, L, M, N,O, and P;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions and some of the Defendants who choose to commit a crime: Articles 87(1)2 and 33(2) of the Medical Service Act; Article 30 of the Criminal Act (the establishment of a medical institution by non-medical persons and the choice of each imprisonment), Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes; Article 3(1)2 of the Criminal Act.