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(영문) 전주지방법원 군산지원 2013.10.02 2013고단944

의료법위반

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than a doctor, etc. (a doctor, herb doctor, dentist, midwife, the State, a local government, a medical corporation, a nonprofit corporation, a quasi-governmental institution under the Civil Act, or a quasi-governmental institution, shall establish a medical institution.

While the Defendant found a method of opening and operating a medical institution even though he/she is disqualified, the Defendant, using the fact that the Consumer Cooperatives Act applies in preference to the Medical Service Act, established and operated a medical institution as a de facto representative, and recruited its members by means of signing and sealing on the written consent for establishment through his/her family members and branch members. The Defendant formed a "D Association" (hereinafter referred to as "D"), which is a non-profit corporation, in order to satisfy the conditions for the establishment and authorization of the cooperative prescribed in the Enforcement Decree of the Consumer Cooperatives Act (the total amount of at least 300 persons consenting to establishment and at least 30,000,000 won) with the Defendant’s burden, recruited its members by falsely raising them, and obtained the authorization for establishment by pretending the members to have agreed to establish the medical mutual aid by paying their respective contributions on the document, and then opened an affiliated medical institution and operated it as a "place of residence" (hereinafter referred to as "place of residence").

On May 26, 2011, the Defendant prepared a false application for authorization of the establishment of a consumer cooperative, as if the Defendant paid the full amount of KRW 30,571,000 to 322 members of the cooperative in lieu of the former Special Self-Governing Province Governor of Jeollabuk-do, Seoul, on May 26, 201, as well as the Defendant paid the full amount of KRW 30,571,00 to 322 members of the cooperative, but the members of the cooperative would make a false application for authorization of the establishment of the consumer cooperative. On June 9, 2011, the Defendant submitted to a public official who is not aware of the circumstances to obtain authorization for establishment from the Governor of Jeollabuk-do,