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(영문) 서울서부지방법원 2016.10.07 2015고단1530

의료법위반

Text

Defendants shall be punished by imprisonment for one year.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

On November 29, 201, Defendant B was sentenced to a suspended sentence of two years in October due to a violation of the Medical Service Act by the Seoul Central District Court on November 29, 201, and the above judgment became final and conclusive on April 26, 2012.

Punishment of the crime

No person, other than those prescribed by statutes, such as medical doctors, dentists, oriental medical doctors, the State or local governments, and corporations established for the purpose of the Medical Service Act, shall establish medical institutions.

The Defendants, in collusion with F on October 2009, operated the “G sexual capital department” in Gangnam-gu Seoul at the Gangnam-gu. However, the Defendants attempted to establish the “H sexual capital division in the name of Defendant B” with the “G sexual capital division in which F, a non-medical person, invested KRW 400 million and leased the above hospital store in approximately KRW 98 square meters, etc., and the investigation was conducted under the name of Defendant B, a doctor, for the suspicion of running the hospital in the name of Defendant B, making it difficult for the Defendants to continue to operate the hospital in the name of Defendant B.

Around October 21, 2009, F decided to continue to make an investment in “H sexual surgery” in a way that does not receive a refund of KRW 300 million out of KRW 400 million invested at the time of the establishment of the “G sexual surgery,” and Defendant A has overall control over the hospital business, such as patient attraction business, employees, and fund management business, and Defendant A has been working as the head of the above hospital, and Defendant B has agreed to work as the head of the above hospital and continued to operate “H sexual surgery” after having agreed to work as the head of the above hospital.

On October 2010, in order to file a complaint with the fact that F is practically operating the H sexual surgery, the F, along with the Defendants, planned to relocate the hospital site and to change the trade name to J’s “J sexual surgery” and to establish a new hospital.

Accordingly, F is the actual operator of J-Seng division located in Gangnam-gu Seoul in January 2, 201, while F pays the amount of KRW 832 billion to F, which is the actual operator of J-Seng division.

참조조문