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(영문) 광주지방법원 2019.03.22 2018고합609

의료법위반등

Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of two years.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the chief director of the CMedical Consumer Cooperatives and the representative of the DD, and the defendant B is the director of C Medical Consumer Cooperatives as the children of the defendant A.

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

Defendants, despite the fact that they are not doctors, etc., established the medical consumer cooperatives formally for the purpose of establishing medical institutions, and had them thought to open and operate medical institutions in the name of the medical consumer cooperatives.

around November 15, 2012, the Defendants organized the “C Medical Consumer Cooperative” Games with 31 promoters for the purpose of establishing a medical institution at the office located in the Dong-gu, Gwangju, Dong-gu, Gwangju for the purpose of opening a medical institution, and the representative of promoters appointed Defendant B and planning affairs members as family members and recruited members as well as Defendant B from March 5, 2013 to August 2, 2013. The total amount of KRW 30,716,000 investment of each member from March 5, 2013 to the account in the name of each member of the G Bank located in the Dong-gu, Gwangju, Dong-gu, Gwangju for the purpose of opening a medical institution. On March 12, 2013, the Defendants held an inaugural general meeting of 36 persons who fall short of a majority among 314 persons consenting to the establishment of the association at the above office and entered as if 169 persons present at the inaugural general meeting.

The Defendants, around April 8, 2013, at the private economic department and office of Gwangju Metropolitan City in Seo-gu, Seo-gu, Gwangju. The Defendants, as seen above, prepared a register of payments of contributions as if the Defendants paid the contributions to 314 members, and as if they were present at the inaugural general meeting, even those who did not attend the inaugural general meeting.

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