The Defendant is the chief director of the Association B (hereinafter “B”) and C was a person who operated the E oriental medical hospital, a telegraph of the oriental medical hospital operated by the Association B, and C was introduced to B and the Defendant through G with awareness that the F Association could establish a medical institution even if the F Association is not a medical personnel, with the knowledge that the F Association could not establish a medical institution, when the investigation was initiated from the end of July 2009 to the E oriental medical hospital, which was established and operated as an office-based hospital.

The Defendant conspired with C to establish and operate a medical institution with the approval of the F Association by registering false members of the F Association, and entered the friendships, including C, as a representative of the Association, on the condition that C receives KRW 2,500,000 per month in return for the name lending from C, and obtained approval for the modification of the articles of incorporation of the Association, and then established “BD oriental medical hospital” (hereinafter “instant hospital”) using the name of the Association.

1. No person, other than a medical doctor, herb doctor, dentist, midwife, State, local government, medical corporation, non-profit corporation or quasi-governmental institution established under the Civil Act or any special Act, may establish a medical institution;

Nevertheless, on April 22, 2011, the Defendant conspiredd with C to establish the Dental Medical Hospital (Medical Care H), a medical institution, using the facilities, equipment, human resources, etc. of the existing E oriental medical hospital, and operated from around that time to March 2017.

2. Article 42 (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) limits one of the health care benefit institutions to medical institutions established under the Medical Service Act.

Therefore, if a person who is not entitled to establish a medical institution in violation of the Medical Service Act employs a doctor and allows him to perform medical practice, the medical care benefit cost under the National Health Insurance Act.