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(영문) 광주지방법원 2018.02.09 2017고합389

의료법위반등

Text

Defendant

A Imprisonment with prison labor for five years, for two years and six months, for defendant D, for two years, and for defendant E, for one year.

Reasons

Punishment of the crime

To the extent that it does not substantially impede the exercise of the accused’s right to defense, the facts charged are partially revised and recognized as criminal facts without any changes in indictment.

[criminal record] On July 23, 2015, Defendant E was sentenced to a suspended sentence of three years for a crime of fraud at the Gwangju District Court on July 23, 2015, and the judgment became final and conclusive on the 31st of the same month.

[Criminal facts]

1. Joint crimes committed by the Defendants

(a) No person other than a doctor, dentist, herb doctor, assistance in child delivery, the State, a local government, a corporation established for the purpose of rendering medical services, a nonprofit corporation, quasi-government institution, local medical center, or the Korea Veterans Welfare and Healthcare Corporation in connection with the establishment of a medical institution may establish a medical institution;

Nevertheless, around August 2015, Defendant A: (a) purchased “U oriental medical hospital” operated by S and T as a Dong business in Gwangju-gu, Gwangju-gu; (b) took over “U oriental medical hospital” and gave monthly salary; and (c) opened a so-called office-general hospital (a hospital established and operated in the name of an employment doctor by non-medical personnel, such as the head of office, with a license for an employment doctor granted by a non-medical personnel). On February 2016, Defendant B newly employed Defendant B as a monthly-level doctor and changed name into “V oriental medical hospital”; (b) from October 1, 2015 to September 17, 2016 to operate a hospital on behalf of Defendant A, Defendant A, the planning director of the above U oriental medical hospital and V oriental medical hospital, employed Defendant D, a pro-friendly defendant of Defendant A’s friendship, and (c) operated Defendant E-D and the administration as the head of the instant oriental medical hospital and the head of the relevant department of oriental medical treatment.

Therefore, Defendant A, from September 1, 2015 to February 15, 2016, has the second floor of the above U.S. oriental medical complex building from around February 1, 2015, with the care room, the reception room, and 77 to the fifth floor from the third floor, and the sixth floor with the water treatment room, the restaurant, etc., as the head of the secretariat. Defendant D, as the head of the planning department of the above hospital, is operating facilities, employees, and the fund management.

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