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(영문) 대구지방법원 2019.08.30 2019고정531

의료법위반

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No medical person shall establish and operate two or more medical institutions under any pretext.

Defendant

A, from July 18, 201 to January 29, 2015, while opening and operating “C dental clinic” in the Daegu Suwon-gu B, Daegu-gu, the Defendant D would pay KRW 7 million per month in consideration of the fact that he/she takes charge of the provision of the name and treatment of the medical institution, and the Defendant D accepted it.

As above, from August 2, 2012 to July 6, 2014, the Defendants conspired to establish and operate a medical institution under the name of “F dental clinic” by setting up D from Daegu-gu to Daegu-gu. From July 9, 2014 to January 29, 2015, the Defendants established and operated a medical institution under the name of “H dental clinic” under the name of “H dental clinic.”

As a result, the Defendants conspired to establish and operate a medical institution in duplicate.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects of D by the prosecution;

1. A copy of the police investigation protocol regarding I; and

1. Written Statement;

1. A copy of a request to investigate a medical institution suspected of violating the Medical Service Act, a copy of the report on establishment of the medical institution, a copy of the report on establishment of the medical institution, a dentist's license, a copy of each real estate lease contract, a copy of each bank account transaction statement, the current status of the medical institution and a copy of the investigation report, a copy of each transaction-related data (Evidence No. 110, 111), a copy of each transaction-related data (Evidence

1. Application of Acts and subordinate statutes to investigation reports (Evidence List Nos 124);

1. Article 87(1)2 and Article 33(8) of the former Medical Service Act (Amended by Act No. 13658, Dec. 29, 2015); Article 30 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;