A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Around November 2007, the defendant employed an oriental medical doctor D and decided to operate one Council member under the name of D, and around January 2009, the defendant employed oriental medical doctor E and operated one Council member under the name of E.

1. No person other than medical personnel, such as oriental medical doctors who violate the Medical Service Act, may establish a medical institution;

From November 2, 2007 to January 2, 2009, the Defendant equipped with medical facilities, such as diagnosis rooms and bedclothes, in Dongdaemun-gu Seoul, Seoul, with D’s monthly salary of 5.4 million won per month, and opened and operated “G Council members” in D’s name, while setting up and operating “G Council members” in the same place from January 2, 2009 to May 2, 2013, with the monthly salary of 5 million to E from January 2, 2009 to May 2, 2013, and established and operated “G Council members” in the name of E.

2. Where a person who is disqualified as a founder of a medical institution in violation of the Medical Service Act has employed an oriental medical doctor to perform medical practice, he may not claim medical care benefit costs under the National Health Insurance Act;

From November 1, 2007 to April 30, 2013, the Defendant: (a) provided medical treatment to patients by employing D and E at the same place as Paragraph (1) in the same manner as Paragraph (1); (b) provided the National Health Insurance Corporation with a claim for medical care benefit from the victim of the National Health Insurance Corporation; and (c) received a total of KRW 2,060,940 on 14 occasions as indicated in the list of crimes in the attached Table as medical care benefit expenses between December 24, 2007 and May 20, 2013 from the victim who believed it to be true, and transferred KRW 62,875,330 on 52 occasions to the new bank account in the name of E.

Accordingly, the Defendant, in collusion with D and E, established a medical institution without medical personnel, and acquired the total sum of 64,936,270 won from the National Health Insurance Corporation as medical care expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each police interrogation protocol of E or D;

1. The prosecutor's statement concerning H;

1. Application of the Acts and subordinate statutes on replies;

1. Article 87 (1) 2 of the Medical Service Act applicable to the relevant criminal facts and Article 87 (1) 2 of the option of punishment;