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(영문) 수원지방법원 성남지원 2014.10.08 2014고단1788

의료법위반

Text

Defendant

A Imprisonment for one year, 8 months, 6 months, and 3,00,000 won.

Reasons

Punishment of the crime

1. No person, other than those prescribed by Acts and subordinate statutes, such as a doctor, dentist, herb doctor or midwife, the State or a local government, a corporation established for the purpose of rendering medical services, a non-profit corporation established under the Civil Act or special Acts and subordinate statutes, may establish a medical institution;

Defendant

On March 201, A and Defendant B came to know that the Defendants were willing to establish a medical institution by making a joint investment and discovered the procedure. While non-medical personnel under the Medical Service Act could not establish a medical institution, they became aware that they could operate a medical institution under their name if they would create a medical consumer cooperative (hereinafter referred to as "medical consumer cooperative").

Accordingly, the Defendants prepared all expenses necessary for the establishment of a medical institution, such as 30 million won investment, and planned to operate an office-general hospital in the name of “I” by creating a medical mutual-aid association only formally, such as that the members do not actually participate in the operation of the association, etc. when recruiting association members from the medical consulting business entity.

On July 201, the Defendants concluded a lease contract, etc. to establish the above “I” at the Sung-gu, Seongbuk-gu, Seongbuk-gu, Seoul, but did not think of the procedures for approving the establishment of the association, and opened and operated the “I” under the name of the doctor K. On October 13, 201, the Defendants kept documents as if the doctor K, who had approved the establishment of the association, transferred the association to the above Medical Life Cooperatives, and Defendant A operated the medical institution under the name of the above Medical Life Cooperatives as the president of the above Medical Life Cooperatives. Defendant B, as a director, operated the medical institution under the name of the medical Life Cooperatives.

In this regard, on May 14, 2012, the Defendants were performing the duties of provisional inspection of those who are not subject to the medical life consultation project by the Gyeonggi-do Governor.

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