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(영문) 대전지방법원 홍성지원 2017.08.10 2015고합132
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A and B Imprisonment for two years, Defendant C, F, and G respectively, and Defendant D for one year and six months, respectively, and Defendant D for one year.

Reasons

Punishment of the crime

[criminal record] On August 14, 2014, Defendant F was sentenced to two years of imprisonment, three years of suspended sentence, protection observation, and community service order 240 hours, and the judgment on December 13, 2014 became final and conclusive.

[Criminal facts]

1. Criminal facts in the 2015 High 132 Case E (hereinafter “E”) are corporations established for the purpose of the establishment and operation of medical institutions for the mission of medical care at home and abroad, and Defendant A is the chief director of Defendant E.

(a) No person, other than the medical personnel who violated the Medical Service Act or a corporation established for the purpose of medical business, may establish a medical institution.

Nevertheless, around July 7, 2011, Defendant A permitted Defendant B, not a medical personnel, to report the establishment of a P Council member’s medical institution under the name of Defendant B, and Defendant B, who opened a P Council member around July 21, 201, established a P Council member in Q Q in the official city, and then employed employees, including doctor R, S, and T, from March 31, 201 to March 31, 201, operated the P Council member by having R, etc. conduct medical practice against the patient.

On March 2012, Defendant B continuously proposed that Defendant D be directly operating the P Council member of the P Council in order to demand the repayment of the borrowed amount of KRW 25 million from Defendant D while managing the P Council member.

Defendant

D Around March 15, 2012, around March 15, 2012, it agreed to take over and operate P Council members with Defendant B, and in return, to pay KRW 2 million each of them to E and B.

In addition, Defendant A permitted Defendant D, not a medical personnel, to operate a P Council member who was reported to be established under the name of Defendant D. Defendant D operated P Council member by having the doctor U, V, S,W, X, etc. conduct medical practice against the patient from April 1, 2012 to June 3, 2013.

Accordingly, the Defendants, in collusion, employ doctors, etc. and general hospital earnings by a person other than medical personnel or medical corporation.

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