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(영문) 서울동부지방법원 2013.07.03 2012고단2617
의료법위반
Text

Defendant

A Imprisonment with prison labor for one year, and for one year and six months, respectively.

provided that this judgment has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A obtained a medical license on February 1972, and on July 2, 2008, after having no medical activity, established a “H hospital” in the name of the Defendant under the name of the Namyang-si, G 403 and 404, and Defendant B uses the position of the director of the “H hospital.”

1. Although a person who has obtained Defendant A’s license does not lend his/her license, the Defendant, around July 2, 2008, invested the funds necessary for the operation of the said H Hospital to G stores 403 and 403 at the Namyang-si, and the Defendant lent his/her license to B from July 2, 2008 to October 2, 2012, by granting a license and receiving a loan fee of 4.5 million won per month from B.

2. Around July 2, 2008, the Defendant, who was not a doctor, was unable to establish a medical institution. However, the Defendant, who was not a doctor, established and operated a “H hospital” in the business of G 403 and 404, paid a monthly amount of 4.5 million won to A with a doctor’s license, and established and operated a medical institution from July 2, 2008 to October 201, by acquiring a doctor’s license from around July 2, 2008 to around October 2012.

Summary of Evidence

1. Partial statement of a witness I;

1. Protocol concerning the examination of suspect by some prosecutors against the Defendants

1. A medical institution establishment certificate;

1. 각 등기부사항 전부증명서(수사기록 126쪽∽161쪽)

1. 부동산임대차계약서 사본(수사기록 199쪽∽202쪽)

1. 피고인 B 명의의 시티은행 계좌의 거래내역서(수사기록 205쪽∽211쪽)

1. 각 피고인 A(H병원) 명의 시티은행 계좌의 거래내역서(수사기록 212쪽∽277쪽, 수사기록 401쪽∽521쪽)

1. 피고인 A 명의 우리은행 계좌의 거래내역서(수사기록 355쪽∽385쪽)

1. 피고인 B 명의 농협 계좌의 거래내역서(수사기록 589쪽∽611쪽)

1. In the name of J in the investigation report.

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