(b) Fraud;

(c) Fraud prevention;

2.(c)(B);

3.(c)(c)

4.(a)D

Law Firm F (private ships for defendant B, D)

Attorney G

Attorney H (private election for the defendant C)

Defendant A shall be punished by imprisonment with prison labor for one year.

2. Defendants B and C shall be punished by a fine of KRW 2 million, and Defendant C shall be punished by a fine of KRW 5 million. In a case where the above Defendants did not pay each of the above fines, each of the above Defendants shall be confined to the Labor House for the period calculated by converting the amount of KRW 100,000 into one day.

3. Defendant D

Pronouncement of a sentence against Defendant D is suspended.

1. On November 2014, Defendant A and Defendant B established and operated a hospital under the name of Defendant B, a dentist, and as a consideration, Defendant A agreed to pay KRW 2.5 million per month to Defendant B as the fee for the lending of name. On November 6, 2014, Defendant A had a medical device, etc. on the 15th floor of Busan-gu I and the 15th floor, and Defendant A established and operated a medical institution under the above agreement, Defendant B established and operated the medical institution with the name of “J” to the head of Busan-gu Office from around that time to January 1, 2015. Accordingly, the Defendants conspireded to establish and operate a medical institution.

2. From the end of December 2014, Defendant A and Defendant C established and operated a hospital under the name of Defendant C, a dentist, and agreed to pay KRW 500,000 per month to Defendant C as the fee for the lending of name. A around January 2, 2015, as if Defendant C took over the above dental license from Defendant C in accordance with the above agreement, reported the change of the medical institution to the head of Busan Jin-si, and operated the above dental license from around that time until January 31, 2016. Accordingly, the Defendants conspired to establish and operate a medical institution by Defendant A, who is not qualified to establish a medical institution.

3. From the end of January 2016, Defendant A and Defendant D established and operated a hospital by lending the name of Defendant DO, a dentist, and as a result, Defendant A agreed to pay KRW 5 million per month to Defendant D as the fee for lending the name. On February 1, 2016, Defendant A reported the change of the medical institution to the head of Busan Medical Center as if Defendant D took over the above dental license from Defendant D pursuant to the above agreement, and operated the above dental license from around that time until March 16, 2016. Accordingly, Defendants conspired to establish and operate a medical institution by Defendant A, who is not qualified to establish a medical institution.

4. Defendant A

Defendant A submitted a statement of medical care benefit costs to the National Health Insurance Corporation as if he/she operated a hospital B, which is a dentist, around December 9, 2014. Defendant A received KRW 985,680 from the damaged Corporation as medical care benefits around December 30, 2014 and received KRW 21,810,300 as the medical care benefits amount for 25 times as shown in the attached crime list from February 23, 2016.

5. Defendant B

Although Defendant B knew the fact that Defendant B, as described in the foregoing paragraph 4, deceivings the damaged Corporation and defrauds the medical care benefit expenses, he/she aided and abetted A to receive the medical care benefit expenses in the name of the hospital by lending the name so that A may operate the hospital, and by receiving the medical care benefit expenses in the passbook in the name of the Defendant, around December 30, 2014 and around January 28, 2015, such as the No. 1 and No. 2 of the List of Offenses 2,951,320 won.

6. Although Defendant C., as described in the foregoing paragraph (4), knew that A had a knowledge of the fact that he/she deceivings the damaged Corporation and defrauds the costs of medical care benefits, Defendant C 3 aided and abetted A to acquire a sum of KRW 18,858,980 in total on 23 occasions from February 26, 2015 to February 23, 2016 by means of lending the name so that A may operate a hospital, and allowing A to receive medical care benefits costs with a passbook in the name of the Defendant’s name.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to K, L, M, N, andO;

1. Application of Acts and subordinate statutes to each investigation report (No. 8, 13, 15, 17 through 20, 23, 24)

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 87(1)2 and 33(2) of the Medical Service Act, Article 30 of the Criminal Act, Article 347(1) of the Criminal Act, and each choice of imprisonment

B. Defendant B and Defendant C: Articles 87(1)2 and 33(2) of the Medical Service Act, Article 30 of the Criminal Act, Articles 347(1) and 32 of the Criminal Act, and each decision of fine (see, e.g., Supreme Court Decision 2006Da14718, Apr. 2, 2006)

(c) Defendant D: Articles 87(1)2 and 33(2) of the Medical Service Act; Article 30 of the Criminal Act; Article 10 of the Criminal Act; Article 20 million won of a fine to be suspended (Defendant D);

1. Aggravation for concurrent crimes (Defendant A, B, and C);

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Attraction of a workhouse (Defendant B, C, and D);

Articles 70(1) and 69(2) of the Criminal Act (in the case of Defendant D, conversion into KRW 100,000 per day)

1. Suspension of sentence (Defendant D);

Article 59(1) and (2) of the Criminal Act (see, e.g., Article 59(1) and (2) of the Criminal Act (the first criminal who has no record of criminal punishment; the period of the crime is only one month; and the above criminal defendant voluntarily surrenders to the police and led to the disclosure of other

The reason for sentencing (defendant A) (a) Defendant A employed a doctor, established a so-called office hospital, and acquired medical care benefit funds from the damaged Corporation. Since the act of opening and operating a medical institution by a person who is not a medical person or a medical corporation is so anti-social that it cannot be easily acceptable in light of the degree of illegality, it is necessary to strictly punish and eradicate the act. The purpose of the Medical Service Act is to prevent a person who can establish a medical institution from harming public health or sound medical order due to excessive pursuit of profit-making, and the above Defendant violated the legislative intent as seen above by pursuing profit-making, and in particular, it is difficult to readily view the liability for the crime, since he/she employed three doctors in order and followed the illegal act for more than one year.

The above circumstances include the criminal records, age, character and conduct, intelligence and environment of the above defendant, motive, means and consequence of the crime, and the circumstances after the crime, and the sentencing conditions indicated in the records shall be determined as ordered.