특정경제범죄가중처벌등에관한법률위반(사기)등
Defendant
A and B shall be punished by imprisonment for three years, by imprisonment for two years and six months, and by imprisonment for one year.
Punishment of the crime
1. No person, other than doctors, etc. (referring to persons specified in Article 33 (2) of the Medical Service Act, such as doctors, herb doctors, dentists, midwifery doctors, the State, local governments, medical corporations, nonprofit corporations established under the Civil Act or special Acts, quasi-governmental institutions, etc.) shall establish any medical institution;
Defendant
A, B, and C were unable to establish a medical institution due to the lack of a doctor’s qualification. However, around December 2012, A, B, and C lent the medical institution under the name of Defendant D, one of which was qualified as a doctor, to open and operate a convalescent hospital in such a manner that Defendant A, B, and C bears the expenses incurred in the establishment and operation of the said hospital, and then, to subscribe to the establishment and operation of
Defendant
D Around April 2013, the establishment of a convalescent hospital is reported under his/her name. Defendant A, B, and C invested KRW 100 million at the expense of establishing a hospital, and was equipped with facilities of a convalescent hospital, such as remodelling the P building in Changwon-si, Changwon-si, purchasing medical equipment and supplies, and thereafter opening a convalescent hospital under the name of Q convalescent Hospital until December 31, 2015.
As a result, the Defendants established a medical institution even though they did not act in collusion.
2. Where a person who is not eligible to establish a medical institution in violation of the Medical Service Act has employed his/her doctor to conduct medical practice in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, he/she shall not claim expenses for medical care benefits under the National Health Insurance Act.
Nevertheless, the Defendants established and operated a convalescent hospital in violation of the Medical Service Act, and employed Defendant D, etc. as a doctor, and let them treat patients. On June 5, 2013, the Defendants submitted the Medical Care Benefit Statement to the Health Insurance Review Evaluation Institute and requested the review.