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(영문) 대구지방법원 상주지원 2013.03.05 2012고단77

의료법위반

Text

Defendants shall be punished by imprisonment for eight months.

However, the execution of each of the above punishments shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Criminal facts are recognized by rhyming the facts charged to the extent that it is not likely to substantially disadvantage the Defendants’ exercise of their defense rights.

Defendant

B The Secretary General of the Incorporated Association E, a non-profit corporation located in Daejeon Sung-gu, and Defendant A is a physical clinic. The Defendants, on April 2007, using the above non-profit corporation qualification to establish a medical institution, and conspired to operate the medical institution under the name of Defendant A, who is not qualified to establish a medical institution. Defendant A, around May 8, 2007, received approximately KRW 30 million from Defendant A for the consideration for the lending of the name of the medical institution under the name of the medical institution. Defendant A received some of monthly revenues according to the future member’s management situation, and thereafter Defendant A was required to establish the above “EFFFFFFF” in the name of the said incorporated association at around that time. Defendant A, at the first floor of the 3rd floor building located in G from that time to October 21, 201, had Defendant A establish the above corporation under the name of H, I, I, K, K, L, M, N, P, Q, Q, and R in sequence order.

Accordingly, the Defendants conspired to establish a medical institution without being entitled to establish a medical institution.

Summary of Evidence

1. Each legal statement of a witness A, B, S, T, U, and V;

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police protocol on the defendant B and V

1. Copy of the statement of establishment and dismissal of the branch office;

1. The Defendants and defense attorneys of each (ordinary Deposit) transaction statement form change to the purport that “Defendant A only managed the above member with the authority delegated by the said corporation as the head of the resident branch of the said corporation, and the said member's principal who operates the said member's association is the said incorporated association.” In light of the legislative intent of Articles 33(2) and 87(1) of the Medical Service Act, establishment of a medical institution prohibited by the said provision is necessary for non-medical personnel to supplement and manage the facilities and human resources of the said medical institution.