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(영문) 의정부지방법원 2017.01.19 2016고합329
의료법위반등
Text

Defendant

A 2-A 2-A, 3-A, 4-A, 7-2, 8-A, 9-A-2, 12-2.

Reasons

Punishment of the crime

On November 14, 2013, Defendant A was sentenced to imprisonment for 4 months with labor for aiding and abetting violations of the Medical Service Act and two years of suspended execution on August 18, 2014, and the judgment was finalized on August 18, 2014.

"2016 Gohap 329"

1. On December 29, 201, the J Association, an incorporated association, in the process of the establishment of the J Association, has obtained authorization for the establishment of the “business for providing medical services to the disadvantaged.” Article 3 of the Articles of Incorporation provides for the “high quality medical mission and cultural mission work to the disadvantaged class in the region.” From December 29, 2011 to June 8, 2012, Defendant A and I, and Defendant A are operating a legal entity from June 8, 2012.

2. Joint crimes committed by Defendant A and Defendant H

(a) No person other than a medical person or a corporation established for the purpose of medical service may establish a medical institution;

On April 2012, Defendants and I agreed that Defendant A and I lend the name of the incorporated association to Defendant H so that they may establish a hospital in the form of operation by the JJ Association, an incorporated association (hereinafter referred to as “ incorporated association”) in the early police officer on April 2012, and Defendant H shall pay KRW 2 million per month to Defendant A, etc. under the name of the incorporated association.

On April 17, 2012, Defendants and I established a medical institution (YD Dental) by employing doctors, nurses, etc. in Gangnam-gu Seoul Metropolitan Government X-gu, Seoul, according to the above public offering.

Accordingly, the Defendants established a medical institution in collusion with I even though they were not medical doctors.

B. Where a person who is not eligible to establish a medical institution in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) has employed his/her doctor to perform medical practice, he/she shall not claim medical care benefits costs under the National Health Insurance Act.

Defendant

A and I lend the name of an incorporated association to Defendant H as above, and Defendant H is the place described in the foregoing paragraph from June 2012 to May 2016.

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