A shall be punished by imprisonment with prison labor for six months, and by a fine of five million won.

Defendant

B The above fine shall not be paid.

On November 2008, the Defendants employed Defendant A, a herb doctor, Defendant B, and conspired to operate one Council member under the name of Defendant B.

1. No person other than medical personnel, such as oriental medical doctors who violate the Medical Service Act, may establish a medical institution;

From November 20, 2008 to January 4, 2010, Defendants were equipped with medical facilities, such as treatment rooms and bedclothes, in Dongdaemun-gu Seoul, Dongdaemun-gu, and Defendant A opened and operated “D’s clinic” in the name of Defendant B, with 40 percent of monthly earnings every month paid to Defendant B.

2. Where a person who is disqualified as a founder of a medical institution in violation of the Medical Service Act has employed an oriental medical doctor to perform medical practice, he may not claim medical care benefit costs under the National Health Insurance Act;

From November 20, 2008 to December 31, 2009, the Defendants provided that Defendant A employed Defendant B to treat the patient. The Defendants were transferred KRW 17,718,920 in total to the bank account in the name of Defendant B, as shown in the attached list of crimes, from December 26, 2008 to January 22, 2010, from the victim Corporation that claimed medical care benefit costs to the National Health Insurance Corporation and believed it to be true by claiming medical care benefit costs to the victim Corporation.

Accordingly, the Defendants conspired to establish a medical institution by non-medical persons, and received a total of KRW 17,718,920 from the National Health Insurance Corporation for the purpose of medical care expenses.

Summary of Evidence

1. Defendant A’s legal statement, Defendant B’s partial legal statement

1. Police and prosecutor's protocol of examination of the accused B;

1. Copies of the suspect examination protocol of prosecution E;

1. Certificates, etc. of the report on the establishment of medical institutions (D Chinese Council members);

1. A copy of the investigation report (verification of details of three referral fees, such as suspect E);

1. Application of Acts and subordinate statutes on the claims and payment details of medical care benefit costs by medical care institution;

1. Article 347(1) and (2) of the Criminal Act comprehensively cover the corresponding provisions of the Criminal Act concerning the facts constituting an offense.