beta
(영문) 대구지방법원 2015.08.21 2015고합240

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. No person who violates the Medical Service Act may establish a medical institution, other than a medical doctor, herb doctor, dentist, midwife, State, local government, medical corporation, non-profit corporation or quasi-governmental institution (hereinafter referred to as "medical doctor, etc.")

On August 24, 2011, the Defendant established the Evalescent Hospital in the name of a doctor D, with nine wards in the building located in the Daegu-gun Military F, and 65 sickbedss (in December 26, 201, with 74 sickbeds). After employing a doctor D and filing a report on the establishment of a medical institution under the name of “Evalescent hospital” in the name of “Evalescent hospital” in the said D, the Defendant would operate the hospital with the name of “Evalescent hospital,” and would pay KRW 10 million per month to the said D for the purpose of borrowing the name and paying the benefits.

From August 24, 2011 to February 26, 2014, the Defendant operated the said hospital by having the head of the hospital employ in sequence seven medical doctors of the hospital D, G, H, I, J, K, and oriental medical doctor L in the foregoing E-C convalescent hospital to treat patients.

Accordingly, the Defendant, who is not a doctor, established a medical institution.

B. The Defendant established a medical consumer cooperative (hereinafter “medical consumer cooperative”) in order to establish and operate a medical institution despite the absence of a doctor’s license, and then recruited members in the form by obtaining signatures and seals on the written consent to establish and operate the medical institution under the name of the cooperative, and then, established the Mmedical consumer cooperative, which is a false medical consumer cooperative, in a way that the Defendant bears the burden.

Then, around January 7, 2014, the Defendant, at the same place as Paragraph 1(a) of the same Article, equipped with ten wards, and 74 beds, followed by employing doctor N, etc., and using the name of the M medical consumer cooperative, “M medical, Evalescent Hospital”.

참조조문