Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

No medical person, other than medical persons, may establish a medical institution, and no medical person may establish a medical institution jointly with persons, other than medical persons.

Nevertheless, C as the secretary general of the “E Hospital” in the third floor of the building D in Yeonsu-gu Incheon Metropolitan City, the secretary general of the “E Hospital,” the Defendant as the doctor, C and F invested expenses for the establishment of the above hospital, thereby managing the operation of the hospital, and the Defendant conspired to establish a medical institution by lending the name of G, an incorporated association, by providing medical treatment at the above hospital.

Accordingly, around February 201, C and F invested KRW 80 million and KRW 70 million, respectively, and operate the above hospital by employing its employees and taking charge of the accounts of the hospital. The above corporation and the Defendant prepared an agreement stating that “the above hospital pays monthly donations to the above corporation and the Defendant operates the above hospital,” and operated the above hospital from March 2, 201 to June 2012 by leasing the name of the above corporation, including providing medical treatment at the above hospital.

Accordingly, the Defendant, in collusion with C and F, established a medical institution.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Each legal statement of the witness H, I, C, and F;

1. Each prosecutor's examination protocol concerning C and F;

1. Application of the current status, agreement, and Acts and subordinate statutes of G branch offices;

1. Article 87 (1) 2 and Article 33 (2) of the Medical Service Act and Article 30 of the Criminal Act concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant and his defense counsel’s assertion is merely receiving benefits by finding employment in the E Hospital established in the E Hospital, an incorporated association (hereinafter “G”), by introducing C and F, and do not constitute a medical institution in collusion with C and F.

2. Determination

A. The evidence duly adopted and examined.