A and B shall be punished by imprisonment for three years.

However, for the defendant A from the date this judgment became final and conclusive, five years.

"2015 Gohap25"

1. No person who violates the Medical Service Act may establish a medical institution unless he/she is a doctor, herb doctor, dentist, midwife, the State, a local government, a medical corporation, a nonprofit corporation or quasi-governmental institution under the Civil Act or special Act (hereinafter referred to as "doctor, etc.");

Defendant

A, as a doctor of urology, decided to establish a medical institution in the same business with Defendant B, not with a doctor, etc. at around 2004. Defendant A established a hospital by investing KRW 90 million and KRW 1.5 billion with Defendant B, and distributed 50% of the shares and profits of the hospital, respectively. Defendant A was in charge of the part on medical treatment, and Defendant B was in charge of the part on the management of the hospital, and Defendant B was willing to share the duties with the “president”’s position while taking charge of the part on the management of the hospital.

The Defendants established and operated a medical institution under the name of “I hospital” after employing a doctor, nurse, etc., in accordance with the aforementioned public invitation from September 18, 2007 to November 25, 2009, by establishing a hospital with 45 rooms and 250 sickbeds at H in the original city from the original city from November 18, 2009.

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

2. Violation of the Act on the Aggravated Punishment of Specific Economic Crimes;

A. On September 7, 2007, the Defendants conspired to establish an “I Hospital” as stated in paragraph (1) and conducted as if they were legitimate medical institutions, and received the marks of medical care institutions that can claim medical care benefit by filing an application for the establishment of medical institutions with the Gangwon-do Office for permission from the Health Insurance Review and Assessment Service after obtaining permission from the Gangwon-do Office, and by filing a report on the establishment of medical institutions with the Health Insurance Review and Assessment Service, and request the Review and Assessment Service to review the medical care benefit marks and the medical care benefit cost specifications by