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(영문) 대전지방법원 천안지원 2017.10.12 2017고단335
의료법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 2010 to February 2013, the Defendant changed the name of “C dental clinic” located on the Dongdaemun-gu Seoul Metropolitan Government B and the third floor (hereinafter “D dental clinic”) on September 23, 201.

A person who works as a nursing assistant in a dental clinic (hereinafter referred to as "Dental clinic") is a person who is working as a nursing assistant.

1. Crimes related to the establishment of unlicensed medical institutions;

(a) No person who violates the Medical Service Act may establish a medical institution unless he/she is a doctor, etc.;

On February 28, 2013, the Defendant paid KRW 30 million to E in return for the establishment and operation of the above D dental clinic at the above D dental clinic around February 28, 2013, while the Defendant agreed to pay KRW 2 million in addition to the above D dental clinic each month as the rent, employed employees, such as doctor F, G, H, I, I, and nursing assistantJ, and had the above F, etc. provide dental treatment to the patients from the time of the employment of the staff to February 2, 2015.

Accordingly, the Defendant established and operated a medical institution in collusion with F, etc. even though it is not a doctor.

(b) In case where a person who is not entitled to establish a medical institution in violation of the Medical Service Act employs a doctor to perform medical practice, he may not claim expenses for medical care benefits under the National Health Insurance Act;

Nevertheless, around May 1, 2013, the Defendant, who is not a medical institution established at the above D dental clinic, actually operated the above dental clinic, submitted a medical care benefit statement to the Health Insurance Review Evaluation Institute as if the above member was a medical institution established lawfully under the Medical Service Act, and requested an examination. In addition, the Defendant received KRW 2,362,730 from the National Health Insurance Corporation that believed the above member to be a medical institution on May 22, 2013 as the expenses for medical care benefits, and received KRW 2,362,730 from the said date to March 5, 2015 as the expenses for medical care benefits.

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