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(영문) 청주지방법원 2017.08.18 2017고합68
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment of two years and fine of five million won, Defendant B’s imprisonment of one year and six months and fine of three million won, and Defendant B.

Reasons

Punishment of the crime

Defendant

A is a representative of “E” as an incorporated association, and is a person who establishes and operates “F Hanwon.”

1. Defendant A

(a) No person, other than doctors, etc. who violate the Medical Service Act (a) may establish a medical institution;

After establishing a non-profit corporation in the name of a non-profit corporation under the Civil Act, the Defendant pretended to establish and operate a hospital. In substance, the Defendant, who is not qualified as an oriental medical doctor, by investing the total amount of funds in a medical institution equipped with hospital facilities, had an oriental medical doctor employed a herb doctor to personally manage one won. On January 16, 2014, the Defendant falsely prepared documents necessary for the establishment of the corporation, such as falsely preparing the minutes of the inaugural general meeting in the name of a non-profit corporation, and submitted them to the Korea Youth Distribution and Food, and completed registration after obtaining permission for establishment of the “E”, an incorporated association (hereinafter “E”), a non-profit corporation, a non-profit corporation. On August 22, 2014, the Defendant: (a) registered the same in the name of an oriental medical doctor in the name of a non-profit corporation in the name of the pertinent corporation; and (b) registered the same in the name of the said corporation in the name of the relevant medical doctor; and (c) filed a petition with the Korea Medical Institution.

Accordingly, the defendant established a medical institution even though he is not a doctor, etc.

B. Defendant 1, as seen above, established the Korea Medical Center, which is a "office-type hospital", and tried to treat patients with monthly salary and Korean medicine doctors C, etc., and to claim medical care benefits from the National Health Insurance Corporation.

The Defendant solely from August 22, 2014 to October 2, 2014, is with C.

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