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(영문) 수원고등법원 2020.01.23 2019노267

의료법위반등

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

A penalty against B shall be 20,000,000 won.

Reasons

1. Summary of grounds for appeal;

A. Defendant B and C (an unfair form of punishment) sentenced by the lower court to the Defendants (two years of suspended sentence in one year of imprisonment, two years of suspended sentence in one year of imprisonment, and three years of suspended sentence in one year and six months of imprisonment) are too unreasonable.

B. In full view of the following: (a) Defendant D was registered as the president of the Joint Institute of K (hereinafter referred to as “K Council member”) by the public prosecutor (misunderstanding of facts against Defendant D); (b) Defendant D received business instructions from Q employed by G not co-defendant C; (c) Defendant D received KRW 10 million out of monthly salary; (d) he received education from G; (e) he was first established from G; (e) he was provided to I Council members (hereinafter referred to as “I”) with the I Council members; and (e) was signed by Q in the Agreement and the Agreement with C; and (e) Defendant D was signed by Q. In full view of the fact that the actual operator of the K Council member was clearly aware that he was G or at least did not have been aware of it, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. Defendant B’s assertion of unfair sentencing regarding Defendant B’s assertion of unfair sentencing is an unfavorable circumstance against the Defendant B on the following grounds: (a) providing the name of medical institution in collusion with G, N, etc. to establish a medical institution where a dentist is unable to establish; (b) providing the name of medical institution; and (c) taking part in the act of acquiring medical care benefits from the National Health Insurance Corporation equivalent to KRW 292,378,920; and (d) opening and operating a medical institution by a person other than a doctor, etc.; (b) disturbing sound medical order; (c) harming national health; and (d) harming the financial soundness of the National Health Insurance Corporation that operates the national health insurance system by financial basis for the health insurance fee paid by

However, Defendant B is himself.