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Defendant
A Imprisonment with prison labor for a period of two and a half years, for a period of one and a half years, for a period of one and a half years, and for a period of two years, for a criminal defendant B.
(b).
Reasons
Punishment of the crime
1. Joint criminal conduct by Defendant A and B;
(a) No person who violates the Medical Service Act may establish a medical institution, other than a doctor, herb doctor, dentist, midwife, the State, a local government, a medical corporation, a nonprofit corporation or quasi-governmental institution under the Civil Act;
Defendant
A, despite that it is not a doctor, etc., around June 5, 2009, a hospital was operated from around June 5, 2009 to December 2012, 2010 on the condition that the hospital room, beds, treatment rooms, etc. are installed in the three-story building of Busan Btel, and Defendant B, who is a doctor, established a convalescent hospital with the name of “F convalescent hospital.”
As a result, the Defendants established a medical institution even if they were not in collusion with doctors.
B. Around July 9, 2009, the Defendants in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) filed a claim with the National Health Insurance Corporation for KRW 10,92,530 as Defendant A established and operated the said hospital, even though Defendant A established and operated the said hospital.
From July 30, 2009 to the Busan Bank account in the name of the Defendant B, the Defendants, as above, deceiving the victim, received KRW 9,541,240 from the victim, and received KRW 1,368,920,80 in total from that to January 6, 2011, as shown in the separate crime list (1).
As a result, the Defendants conspired to deception the victim and received KRW 1,368,920,80 from the victim.
2. Joint criminal conduct by Defendant A and C
(a) No person who violates the Medical Service Act may establish a medical institution, other than a doctor, herb doctor, dentist, midwife, the State, a local government, a medical corporation, a nonprofit corporation or quasi-governmental institution under the Civil Act;