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(영문) 수원지방법원 안산지원 2018.11.16 2018고단2754

의료법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person, other than medical personnel, the State or a local government, or a corporation established for the purpose of providing medical services, may establish a medical institution;

Even if the Defendant is not a medical person, he/she is willing to establish and operate a so-called office hospital (a hospital established and operated in the name of an employment doctor by a non-medical person, such as the office manager, etc. under a license of an employment doctor). The Defendant borrowed the name to establish a dental clinic to a private person of a dental license, and provide medical treatment under employment in the above dental license, and pay KRW 10 million monthly for each week.

I propose, and C accepted it.

As above, the Defendant, in collusion with C on November 26, 2015, from around March 31, 2016 to around March 31, 2016, established a medical institution by having the said C provide dental clinic with the trade name, “E dental clinic” under the name of C, and comprehensively administer the facilities, employees, and fund management of the said dental clinic.

2. Where a non-medical person hires a medical doctor to provide medical services, he/she shall not receive summary travel expenses under the National Health Insurance Act;

The Defendant, in collusion with C, filed an application for insurance benefits with the Health Insurance Review Evaluation Institute as a non-medical institution established and operated by C, even though “E dental clinic” was actually established and operated by the Defendant, rather than a dentist, and filed an application for insurance benefits with the Health Insurance Review Evaluation Institute as a non-medical institution established and operated by C, and the Defendant received KRW 6,090,000 from the National Health Insurance Corporation on January 21, 2016, as well as receiving payment of care benefits from the victim, in the same manner.

2. 22. Minority 4,180,000 won, and the same year.

3. Around 17.17. He received the total sum of KRW 12,340,000 from the care benefit costs, such as receiving KRW 2,070,000.

(i) the evidence;

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