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(영문) 인천지방법원 2014.12.23 2014고단5982

사기등

Text

Defendant

A Imprisonment with prison labor for eight months and for two years, respectively.

Reasons

Punishment of the crime

[criminal power] On May 28, 2014, Defendant A was sentenced to one year and six months of imprisonment for fraud at the Incheon District Court and three years of suspended execution, and the judgment became final and conclusive on September 26, 2014.

【Criminal Facts】

Defendant

A is a person who has operated the inner office hospital, and the defendant B was aware of each other in the course of introducing the building of the hospital to A who operates the office building of the hospital while conducting the real estate brokerage business, and was operating the office building hospital at the same time after transferring the method of operating the office building of the hospital from A.

1. Joint criminal conduct by the Defendants (related to the operation of H convalescent Hospitals)

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

Defendant

On October 2010, A entered into a contract with Defendant B to purchase 401 square meters (area 1,136 square meters) of the fourth fourth floor located in Sinung-si, I, and agreed to establish and operate a hospital with the aim of establishing a hospital. However, around October 201, A made it possible to suspend the construction due to the shortage of funds from Defendant B, the investor, and made the investment of KRW 300 million from the said investor, and the Defendant A and the saidJ agreed to establish and operate the hospital by entering into an internal agreement with Defendant A and the saidJ to have 70% of the profits of the hospital and 30% of the profits of the hospital, and the Defendants agreed to have the shares of Defendant A divided by 50%.

Accordingly, the Defendants are equipped with hospitalization rooms, treatment rooms, physical therapy rooms, resting rooms, restaurants, etc. in the above building, and employ K and nurses, which are oriental medical doctors, and upon reporting the establishment of a H convalescent hospital under the above K name, Defendant A is in the position of the president, and Defendant B is in the position of the chief director, and is in charge of operating the hospital fund management, etc., and the above K receives benefits of KRW 10 million per month.

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