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(영문) 창원지방법원 2017.12.08 2017고합190

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. Medical doctors, etc. (referring to medical doctors, dentists, herb doctors, or midwifes, the State or local governments, medical corporations, non-profit corporations established under the Civil Act or any special Act, quasi-governmental institutions under the Act on the Establishment and Operation of Public Institutions, local medical centers under the Act on the Establishment and Operation of Local Medical Centers, and the Korea Veterans Welfare and Healthcare Corporation under the Act on the Korea Veterans Welfare

No person, other than a doctor, etc. (hereinafter referred to as "doctor, etc.") may establish a medical institution.

While the Defendant had not received money from I, the Defendant established a medical corporation by establishing a medical institution and received profits from the medical corporation. Accordingly, the Defendant requested I to establish a medical corporation in which I intended to establish a medical institution in the form of requesting I to accept the medical corporation that I had established in lieu of paying the money entrusted to I, and had the medical corporation actually established, and had the medical corporation in the form of requesting the establishment of a medical corporation, and had the intention to receive profits from the operation of the medical care corporation by employing a doctor

Accordingly, the Defendant delegated the establishment of a medical corporation to I as a condition to pay KRW 100 million for consulting expenses for the establishment of the medical corporation. The I sold the building of the L Hospital operated by K of the Korean Oriental Medical Doctor in Chang-si, Changwon-si (hereinafter “former L Hospital”), which he actually owned, to the Defendant, donated the building to the Defendant as an endowment of the medical corporation to be established. The Defendant lent the name of the promoters necessary for the establishment of the medical corporation, prepared the minutes of the meeting, articles of incorporation, etc., and, on July 8, 2010, entered into the name of the medical corporation “the medical corporation M Foundation’s establishment was approved, and the Defendant acquired the name of the medical corporation from K of Korea on July 21, 2010 after completing the registration of the establishment of the legal corporation as the president of the medical corporation, and obtained permission for the establishment of the medical corporation by changing the name of the medical corporation to the “Ma Hospital” (hereinafter “L hospital”).

After that, the Defendant.