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(영문) 서울북부지방법원 2015.11.25 2015고단2634
사기등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

Reasons

Punishment of the crime

Defendant

A is the actual director of "F dental clinic" in the 8th floor of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and the defendant B served as the president at the above dental clinic.

1. The Defendants’ co-principal

A. Notwithstanding the fact that a medical person, other than a medical person violating the Medical Service Act, cannot establish a medical institution, Defendant A invested funds necessary for the establishment of a medical institution and the establishment of a dental clinic; Defendant B performed duties, such as employing doctors and employees to work at a dental clinic; and attracting patients through an individual taxi; and G conspired to establish a dental clinic by sharing the date of purchasing necessary medical equipment and appliances of a dental clinic.

around December 17, 2009, the Defendants, along with G, established a medical institution under the name of “F dental clinic” in the name of a dentist after being equipped with various medical equipment, employed H as a water rate of KRW 10,000 per month, and had his/her agent conduct medical treatment against patients who find his/her place for profit-making purposes until May 13, 201. From May 14, 201 to December 31, 201, dentists I, from January 1, 201 to March 10, 201, and from March 27, 2013 to December 13, 201, and sought dental treatment against dentists by having them conduct dental treatment.

Accordingly, the Defendants conspired with G to establish a dental clinic which is a medical institution.

B. The "person who establishes a medical institution in violation of the Medical Service Act" or "person who provides medical services under his/her employment" shall not be entitled to receive insurance benefits from the National Health Insurance Corporation, and anyone shall not receive insurance benefits from the National Health Insurance Corporation by fraud or other improper means.

The Defendants, together with the 1-A, establish a dental clinic called “F dental clinic”, and the said hospital under the Medical Service Act.

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