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(영문) 광주지방법원 목포지원 2016.04.07 2016고합5
의료법위반등
Text

Defendant

A Imprisonment of 2 years and 6 months, Defendant B’s imprisonment with prison labor of 3 years and 6 months, and Defendant C’s limited liability company of 10,000,000 won.

Reasons

Punishment of the crime

Defendant

The limited company C is a corporation established for the purpose of real estate leasing business, and the defendant B is the representative director of the limited company C.

1. Joint crimes committed by Defendant A and Defendant B

(a) No person other than a doctor, etc. who has violated the Medical Service Act shall establish a medical institution such as a hospital;

Nevertheless, Defendant B, on the ground of the intention different from G, operated the so-called “office hospital” (referring to a hospital that is established by employing a doctor, etc. by a person other than a doctor, etc.) on the ground of the intention different from that of G. On May 31, 201, Defendant B was awarded a successful bid for the land and buildings of He in the name of limited company C through compulsory auction.

Defendant

B On February 2012, Defendant A, a doctor, wishes to establish and operate a hospital in the name of the Party (A by a private person).

At the established hospital, the author proposed that he be employed as the intention of the party, and the defendant A, the doctor, consented to the above proposal, and the defendants conspired to operate the "Office Hospital".

Accordingly, around April 6, 2012, Defendant A, a doctor, registered the establishment of a hospital in the health care division of the Do Office of the Do Office in the Nam-do Office of Do, Nam-do, which is located in the Do Office of the Nam-gun, Nam-do. Defendant B had all of the medical facilities, such as hospital rooms, medical equipment, and fixtures, and established a hospital in the name of “C long-term care hospital”.

From that time until December 8, 2015, Defendant B, in the position of a vice president, manages the overall operation and revenue of the hospital, and paid 18 million won monthly wages to Defendant A, a doctor, and Defendant A, a doctor, served as a doctor at the above hospital.

As a result, the Defendants conspired to establish a term “office-general hospital” from April 6, 2012 to December 8, 2015, in which they are the operators of Defendant B, a father-general.

B. On May 4, 2012, the Defendants committed a crime against the victim of the National Health Insurance Corporation (Fraud) on violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) are above to the staff in charge of the Health Insurance Review Evaluation Institute through the prime office and employees in the above C convalescent hospital.

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