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(영문) 수원지방법원 안산지원 2016.07.20 2015고단322

의료법위반등

Text

Defendant

A shall be punished by imprisonment for one year, by imprisonment for one year and six months, and by a fine of five million won for defendant D, respectively.

Defendant

D. A. D.

Reasons

Punishment of the crime

Defendant

A is a person who has established a medical institution by investing funds as an unqualified medical technician and establishing a medical institution for business purposes. Defendant C is a person who manages and operates a medical institution established as above, and J and Defendant D is a person who has the qualifications of each doctor.

1. No person, other than doctors who violate the Medical Service Act, medical corporations, the State, local governments, or nonprofit corporations, may establish a medical institution;

A. On August 201, 201, Defendant A, C, and D shared to operate a medical institution in a manner that receives KRW 15 million per month and takes charge of patient treatment. After reporting the establishment of a medical institution under the name of Defendant D with the burden of expenses for the above building rents and facilities, Defendant C was in charge of the operation and management of the medical institution. Defendant D conspired to operate the medical institution by receiving KRW 15 million per month.

On October 1, 2011, the above Defendants, upon the aforementioned public invitation, have at least ten medical rooms, physical therapy rooms, radiation rooms, and hospitalization rooms in the above building, and reported the establishment of a medical institution under the name of Defendant D to the competent authority under the name of “L”, and operated the above members until March 15, 2012.

Accordingly, the Defendants conspired to establish a medical institution from October 1, 201 to March 15, 2012.

B. On April 3, 2012, J, Defendant A, and C established and operated a medical institution under the name of J in the same manner as that of the foregoing paragraph at the location described in the foregoing paragraph (a), and J recruited to take charge of patient treatment by receiving KRW 10 million per month.

J, Defendant A, and C, on April 3, 2012 in accordance with the above public invitation, had 10 medical rooms, physical therapy rooms, radiation rooms, and hospitalization rooms in the above building, and reported the establishment of medical institutions under the name of J to the competent authorities under the name of “M”, and operated the above member by July 3, 2012.

Accordingly, J, Defendant A, and C conspired from April 3, 2012 to June 7, 2012.

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