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(영문) 인천지방법원 2014.01.23 2013고단7436

의료법위반

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is the F Director of the Incorporated Foundation which is a nonprofit corporation.

In addition to doctors and medical corporations, only non-profit corporations established by the Civil Act or special Acts can establish a medical institution. A person who is not qualified to establish a medical institution cannot establish a medical institution. However, the defendant, who is a non-profit corporation, received 1.5 million won per month in return for lending the name of F, a non-profit corporation, and conspired with those who are not qualified to establish a medical institution, to establish a medical institution in the form of a member affiliated with

1. Around January 2012, the Defendant agreed to receive KRW 25 million in advance payment in return for the establishment of a medical institution from G, other than a medical personnel, at the F Office in Seodaemun-gu Seoul Metropolitan Government F Office located on the fifth floor of H building, and to receive KRW 1.5 million in the form of management expenses.

On January 31, 2012, the Defendant reported the establishment of a medical institution in the name of “FI member of the Foundation,” and G established a medical institution under the name of “FI member of the Foundation,” from around that time to June 2013, by employing medical doctors, nurses, etc. from the third floor of the J building in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and allowing them to provide medical treatment to patients.

2. On February 2012, the Defendant agreed with K to receive KRW 1.5 million per month in the form of management expenses in return for the establishment of medical institutions from K, other than medical personnel, at the F Office of the said Incorporated Foundation.

Around February 16, 2012, the Defendant reported the establishment of a medical institution under the name of “F LL LL L L of the incorporated foundation” to the Bupyeong-gu Incheon Metropolitan Government Public Health Center. From May 2012 to August 2013, K equipped with a medical care room, etc. in Bupyeong-gu Incheon Bupyeong-gu M, and then established a medical institution under the name of F, a non-profit incorporated foundation, by having an oriental medical doctor, nurse, etc. provide medical treatment to patients.

3. The co-offenders with N.

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