Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

However, the defendant B is subject to objection.

Punishment of the crime

1. No person, other than medical personnel, the State or a local government, or a corporation established for the purpose of providing medical services, may establish a medical institution;

On August 2013, the Defendants: (a) invested necessary funds, such as funds for the establishment of hospitals, expenses for the operation of facilities, etc.; (b) established and operated a dental hospital in the name of Defendant B; and (c) Defendant B conspired to open and operate the so-called “office-general hospital” (a non-medical person, such as office-general, etc., established and operated in the name of an employment doctor by borrowing a license for an employment doctor under the name of an employment doctor) by providing medical treatment on employment of KRW 10 million per month.

As above, from February 10, 2014 to June 30, 2018, the Defendants conspired to establish a dental clinic with the name of “D” from C2 to Defendant B in the name of “D”, and provided the diagnosis room, medical appliances, etc., and Defendant A served as the head of the counseling office, and Defendant B took charge of the operation of the hospital, such as patient attraction, employee management, hospital revenue and expenditure management, etc., and Defendant B established a medical institution by performing dental treatment against the patients.

2. Where any non-medical person who violates the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) has employed his/her doctor to provide medical services, he/she shall not receive medical care benefit

Nevertheless, the Defendants conspired in collusion with the Defendants in around February 2014, and the fact is that “D Council” is practically established and operated by Defendant A, not Defendant B, but Defendant B. However, as if Defendant B was a normal medical institution established and operated by Defendant B, the Defendants filed an application for insurance benefits with the Health Insurance Review and Assessment Service as the health care benefit expense. Accordingly, around February 2014, Defendant B is entitled to KRW 7,904,430 from the National Health Insurance Corporation.