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(영문) 인천지방법원 2015.12.11 2015고합454
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment of three years and fines of 1,00,000,000 won, Defendant B of a fine of 4,000,000 won, Defendant C of a fine of 7,000 won.

Reasons

Punishment of the crime

1. Defendant A and Defendant B’s joint criminal conduct (the dual establishment of medical institutions) are those who obtained a doctor’s license on March 7, 1997. Defendant B is the punishment of the above A, and medical personnel are prohibited from establishing and operating two or more medical institutions under any pretext.

Nevertheless, Defendant A opened and operated the Nvalvalescent under the name of the Defendant from around September 13, 2004 to around August 31, 2004, and, around July 31, 2007, purchased a P Hospital located in Seo-gu Incheon, using the name of the doctor Q, and opened a Rvalescent hospital; and as indicated in “the current status of the establishment and operation of two convalescent hospitals” from around June 27, 2008 to May 6, 2010; from around May 7, 2010 to around August 31, 2011 to around 20, Defendant A used the name of the founder from around September 1, 201 to around February 28, 2014 to Defendant B’s name; from around 31, 2007 to around 30, 207 to around 31, 201; and Defendant Qval Hospital’s name;

Accordingly, the Defendants conspired to establish and operate two or more medical institutions from August 2012 to April 21, 2014.

2. Defendant A

(a) No medical person, founder of a medical institution, nor person engaged in a medical institution, who receives rebates for one drug violation of the Medical Service Act, shall receive money, goods, benefits, labor, entertainment, or other economic benefits provided by a drug wholesaler, etc. for the purpose of sales promotion, such as adoption of drugs and inducement for

Nevertheless, the Defendant, while operating Nvalescents and Rvalescents described in paragraph (1), is a medicine supplier for the said two hospitals on July 29, 201.

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