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(영문) 인천지방법원 2016.02.17 2015고합170 (1)

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 7 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant A, “2015 Gohap 170-1,” at the center of “K convalescent Hospital” located in the Seo-gu Incheon Metropolitan City, Seo-gu around March 15, 201, Defendant A prepared necessary documents to change the name of the said hospital to Defendant A even though L was dead on or around February 15, 2011, and conspired to file an application for change of the name of the hospital owner.

Accordingly, H entered the contents that the equipment and facilities of the K care hospital will be taken over by using the computer under the title of the "transfer", and the contents that the medical records will be taken over under the title of "written acceptance of the medical records", and entered in the column of "person taking over" and the name of "person taking over"; under the title of "written agreement on the transfer", A entered the details that A will take over the equipment and facilities within the above hospital from L in the column of "transfer" and written L's name in the "transfer" column; and written them with the names of Defendant A, G, H, and I confirmed the above contents and affixed their seals prior to the names of A and L, respectively.

On April 1, 2011, H submitted the said three documents to the person in charge as if they were duly formed, through the employees of the above hospital, at the Seo-gu Incheon Seo-gu Public Health Center located in Seo-gu Incheon, Seo-gu, Incheon.

As a result, Defendant A conspired with G, H, and I for the transfer of the name of L, which is a private document on rights and obligations, the transfer of the medical record, the acceptance of the denial of the medical record, and the transfer of the agreement, respectively.

No person, other than a doctor, etc. (referring to a doctor, herb doctor, dentist, assistance in child delivery, the State, a local government, a medical corporation, a nonprofit corporation under the Civil Act and special Acts, and quasi-governmental institution, hereinafter referred to as "doctor, etc.") shall establish a medical institution.

G, I, the building of this case.

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