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(영문) 부산지방법원 2014.07.17 2014고단79

사기등

Text

Defendant

A Imprisonment for ten months, Defendant B shall be punished by a fine of five million won, and Defendant C and D shall be punished by a fine of two million won.

Reasons

Punishment of the crime

Defendant

A is the representative director of the I established for the purpose of the business of processing gold products at H in Gyeonggi-do, and the defendant B, C, and D are each dentists.

1. No person, other than doctors, etc. (referring to medical doctors, herb doctors, dentists, midwifes, State, local governments, medical corporations, nonprofit corporations, quasi-governmental institutions under the Civil Act and Special Act, and hereinafter referred to as "medical doctors, etc.") may establish medical institutions.

around August 13, 2010, the Defendants conspired and provided medical facilities, medical appliances, and necessary human resources to the K1st floor L, which is located in the Busan Maritime Transportation Daegu J, and are responsible for the operation thereof. Defendant B provided that Defendant A was paid 12 million won as monthly salary from Defendant A, and Defendant B reported the mutual establishment of L Council members in the name of Defendant B, and Defendant B, etc. provided medical acts until December 3, 2010.

Accordingly, the Defendants conspired to establish a medical institution by Defendant A, not a doctor, etc.

2. Defendant A

A. When the Defendant violated the Medical Service Act: (a) while opening and operating a clinic, he was no longer able to offer the name of opening a medical institution; and (b) upon employing C and reporting the establishment of a medical institution in C’s name, the Defendant, who is not a doctor, had the Defendant A establish a clinic.

Around December 3, 2010, the Defendant is responsible for the operation of medical institutions at the places specified in the foregoing paragraph (1) and C is paid KRW 10 million from the Defendant as monthly salary, and reported the establishment of a mutual member of L in the name of C, and Defendant C, etc. performed medical acts until December 28, 2011.

Accordingly, the defendant who is not a doctor, etc. established a medical institution.

(b) In case where a person who is not entitled to establish a medical institution in violation of the Medical Service Act employs a doctor to perform medical practice, he may not claim medical care benefit costs under the National Health Insurance Act;