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(영문) 서울남부지방법원 2015.08.28 2015고합101

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A and B Imprisonment with prison labor for two years and six months, Defendant C with prison labor for one year, and Defendant D with prison labor for 10,000.

Reasons

Punishment of the crime

1. No person may establish a medical institution, other than a doctor, herb doctor, dentist, midwife, State, local government, medical corporation, nonprofit corporation, quasi-governmental institution under the Civil Act, and quasi-governmental institution (hereinafter referred to as "doctor, etc.");

From May 2002, the Defendant was punished for the violation of the Medical Service Act while opening and operating a social welfare foundation H and I, and the Defendant was established with the name of a non-profit corporation for the purpose of violating the Medical Service Act. Around December 14, 2005, the Defendant was able to formally establish an association capable of establishing a medical institution under the name of a non-profit corporation by using the fact that it is possible to establish a medical institution and provided legitimate external types of punishment, and the Defendant was willing to bring profits from the establishment of D, an incorporated association, around December 14, 2005.

On January 23, 2006, the Defendant, in violation of the Medical Service Act, established and operated a medical institution under the name of “Chowon(hereinafter “L”) of “Chowon(hereinafter “Chowon”)” (hereinafter “Chowon”)” (hereinafter “Chowon(hereinafter “Chowon”) as of March 10, 2006)” (hereinafter “Chowon”) after employing medical doctors, nurses, etc. and having them provide medical treatment facilities. Accordingly, the Defendant established a medical institution on April 30, 2008 as a person who is not a doctor, etc.) in violation of the Medical Service Act.

The Defendant, while operating L Council members from January 23, 2006 to April 30, 2008, requested a doctor N, etc. to examine the medical care benefit cost by submitting the statement of the medical care benefit cost to the Health Insurance Review and Assessment Service. Upon receiving the notification of the result of the examination, the Defendant submitted the statement of the medical care benefit cost to the Health Insurance Review and Assessment Service, and believed the result of the examination to be true, as shown in the attached crime