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(영문) 서울남부지방법원 2016.10.13 2016고합266

의료법위반등

Text

Defendant

A shall be punished by imprisonment of three years and six months, and Defendant B shall be punished by imprisonment of two years and six months, and Defendant C shall be punished by imprisonment.

Reasons

Punishment of the crime

Defendant

A On February 14, 2014, the Seoul High Court sentenced two years of suspension of execution to six months of imprisonment for a violation of the Medical Service Act at the Seoul High Court, and the judgment became final and conclusive on September 4, 2014.

Defendant

A and B, using the fact that the consumer cooperatives are able to conduct health and medical services for the improvement of health of the members of the cooperative, established a medical life cooperative which can establish a medical institution formally, prepared a legitimate external punishment, and sentenced them to the establishment and operation of a medical institution in the name of the cooperative.

Defendant

A and B shall submit to the Seoul Special Metropolitan City Living Economy Department a false application for authorization to establish the "G Medical Life Cooperative" with Defendant A as the chief director, along with an application for authorization to establish the "G Medical Life Cooperative" at the Seoul Special Metropolitan City Living Economy Department, and shall complete the establishment registration of the partnership on April 28, 201 after obtaining authorization to establish the partnership on April 28, 201 and completing the establishment registration of the partnership on May 3, 201.

1. No person, other than a doctor, dentist, midwife, midwife, State, local government, medical corporation, nonprofit corporation under the Civil Act and Special Act, and quasi-governmental institution, may establish a medical institution;

On May 11, 2011, the Defendants established and operated a medical institution under the name of “G Medical Life Cooperative G convalescent hospital” in the name of Defendant A as the representative of the said association after having been equipped with 10 rooms (75 beds) in the 8 and 9th floor of the I building in Gangseo-gu Seoul Metropolitan Government.

On December 27, 2011, the representative of the above partnership changed to Defendant B, and Defendant B operated the above hospital from that time to December 2013 upon the direction of Defendant A.

Accordingly, the Defendants conspired to establish a medical institution as a person who is not a doctor.

B. J Council members K had four rooms (20 beds) from the 2 and 3rd floor of the Nam-gu Incheon Metropolitan L Building and operated “J Council members”.

Defendant

A shall take over Council members and employ doctors and employees.

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