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(영문) 부산지방법원 2016.11.24 2016고단6308
의료법위반등
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1. Defendant A shall be punished by imprisonment with prison labor for one year;

2. Defendant B and Defendant C are punished by a fine of two million won.

Reasons

Punishment of the crime

1. On November 2014, Defendant A and Defendant B established and operated a hospital under the name of Defendant B, a dentist, and as a consideration, Defendant A agreed to pay KRW 2.5 million per month to Defendant B as the cost of lending the name of the hospital. On November 6, 2014, Defendant A had medical devices, etc. on the Busan-gu I and 15th floor, and Defendant A established and operated the hospital, Defendant B established and operated the medical institution under the above agreement with the head of Busan-gu, Busan-gu, under the trade name of “J department,” and operated the above dental institution from around that time to January 1, 2015.

As a result, Defendants conspired to establish and operate a medical institution by Defendant A who is not qualified to establish a medical institution.

2. From the end of December 2014, Defendant A and Defendant C agreed to establish and operate a hospital under the name of Defendant C, a dentist, to pay KRW 500,000 per month to Defendant C as the fee for the lending of name. A around January 2, 2015, as if Defendant C took over the above dental license from Defendant C pursuant to the above agreement, Defendant C reported the change of the medical institution to the head of Busan Jin-si, and the above dental license was operated from around that time to January 31, 2016.

As a result, Defendants conspired to establish and operate a medical institution by Defendant A who is not qualified to establish a medical institution.

3. From the end of January 2016, Defendant A, and Defendant D’s joint criminal conduct: (a) Defendant A opened and operated a hospital under the name of Defendant D, a dentist; (b) Defendant A agreed to pay KRW 5 million per month to Defendant D as the fee for the name lending; and (c) Defendant D’s acquisition of the above dental license from Defendant D under the above agreement, around February 1, 2016, reported the change of the medical institution to the head of Busan Medical Center; and (d) the above dental license from around that time until March 16, 2016.

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