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(영문) 대전지방법원 2018.02.02 2017고합166
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is that the director of the O stock company from March 24, 2007 to December 30, 2013 is the largest shareholder (38.7%). Defendant B is the representative director of the O stock company from July 24, 2005 to December 30, 2013, who is the shareholder (11.3%) of the representative director from July 2005 to December 30, 2013.

O Co., Ltd. is a company registered on August 10, 2004, which is the owner of the first underground floor and the third floor above ground in Sejong Special Self-Governing City P.

O Co., Ltd. operatedO on part of the first floor and the first floor above the above building, and around June 2007, part of the first floor and the first floor above the ground, and Q Q Q Q’s operation of the R convalescent hospital by leasing it to doctor Q Q. However, in R convalescent hospital, the issue of whether the R convalescent hospital was operated was significantly affected by the O’s profitability because the elderly patients who died were dead were mainly hospitalized.

Defendant

A and Defendant B are to operate the hospital only.

The purpose of this study is to establish and operate a R convalescent Hospital by taking over the shares of the corporation owned by Q Q and employing the doctor in charge of treatment in the R convalescent Hospital.

A. No person who violates the Medical Service Act may establish a medical institution, other than a doctor, dentist, midwifery, the State, a local government, a medical corporation, a non-profit corporation or quasi-governmental institution under the Civil Act or special Acts (hereinafter referred to as “doctor, etc.”).

Nevertheless, on June 28, 2007, Defendant A and Defendant B would pay according to their shares the operating profits of the P convalescent Hospital and theO in return for the provision of the name of establishment and the medical treatment in the office of the O Co., Ltd. located in Sejong Special Self-Governing City P, and to Defendant C, a medical specialist, in return for the provision of the name of establishment and the medical treatment.

Defendant C consented to the above proposal.

Accordingly, on July 10, 2007, the Defendants reported the establishment of the Rvalescent Hospital under the name of Defendant C, and Defendant A is the Chairperson.

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