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(영문) 대구지방법원 서부지원 2016.12.08 2016고합106

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A is punished by imprisonment with prison labor for a violation of each medical law, fraud, and the Illegal Check Control Act.

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to imprisonment with prison labor for one year and six months and three years of suspended execution for fraud, etc. in the Seo-gu District Court Branch of the Daegu District Court on April 23, 2015, and the said judgment became final and conclusive on September 8, 2015 and is currently in the grace period.

【Criminal Facts】

"2016, 106"

1. A person who violates the Medical Service Act may not establish a medical institution unless he/she is a doctor, herb doctor, dentist, midwife, State, local government, medical corporation, civil law, nonprofit corporation or quasi-governmental institution under special law (hereinafter referred to as "doctor, etc.");

Defendant

A’s joint crime with F in collusion with F, the Defendant established a hospital in F’s name and controlled the operation of the hospital, such as raising funds and managing employees, etc., by providing the patient under the name of the medical personnel for the establishment of the hospital, and treating the patient, and opened a H convalescent hospital in F’s name on December 17, 2012. < Amended by Act No. 11501, Dec. 17, 2012>

B. The Defendants’ co-principals Defendant A established a hospital under the name of an oriental medical doctor, and overall control over the operation of the hospital, such as raising funds and managing employees. Defendant B provided the name of medical personnel for the establishment of the hospital, offered medical treatment to the patients, and offered to receive compensation from the Defendant A, and opened a H convalescent hospital under the name of the Defendant B around February 5, 2013.

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, etc. under the National Health Insurance Act shall

Nevertheless, the Defendants conspired to provide medical care benefit as if they were normally established and operated by non-medical persons despite the fact that the above H medical care hospital was established and operated by non-medical persons, and such fact is from the National Health Insurance Corporation (hereinafter “victim Service”).