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(영문) 의정부지방법원 2017.10.23 2017고단1843

의료법위반등

Text

1. Defendant A shall be punished by imprisonment for a year and six months and by a fine of five thousand won.

The above fine shall be imposed on the defendant.

Reasons

Punishment of the crime

1. Joint crimes committed by Defendant A and C;

(a) No person who violates the Medical Service Act may establish a medical institution, not including a doctor, herb doctor, dentist, midwifery, the State, a local government, a medical corporation, a nonprofit corporation, or a quasi-governmental institution (a) ;

Nevertheless, Defendant C, a doctor, intended to establish and operate a hospital, but the lack of funds for the establishment of the hospital, was invested at least KRW 100,000 by Defendant A, rather than the doctor, and Defendant C decided to provide medical treatment as “the president,” and Defendant C’s member of the operation of the hospital, without receiving monthly salary. Defendant C received profits from the hospital on a monthly basis; Defendant C received profits from the hospital by settling accounts on a monthly basis without receiving monthly salary; and Defendant C received expenses from time to time in relation to the operation of the hospital; Defendant C obtained permission to establish a medical institution in the name of Defendant C, such as transferring expenses to Defendant C, and conspired to jointly operate the hospital.

The Defendants, according to the aforementioned conspiracy from December 1, 2009 to February 29, 2012, installed a medical device and a patient bed from the fourth floor of the Jinyang-si, Namyang-si, and established and operated the K dental clinic.

Accordingly, the Defendants conspired to establish a medical institution.

B. Although Defendant A was not a dentist, Defendant C and the above K dental clinic agreed to provide medical treatment, despite the violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Service Providers).

Defendant

A In accordance with the above public offering, on December 22, 2009, the victim L, who was found in the above public dental clinic, confirmed the state of the victim L, and conducted dental treatment treatment, and corrected the “O” column for “medical treatment” in the attached list of crimes from that time to July 1, 2013, since it is obvious that the “P” and “ Q” are a clerical error in the “R”.

The amount of KRW 2,3850,000 was issued as stated.

In this respect.

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