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(영문) 부산지방법원 동부지원 2017.05.23 2017고합16
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of one year and six months.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. Joint crimes committed by the Defendants

A. 1) Violation of the Medical Service Act 1) Defendant A, who established an “I hospital” in the name of “B,” was working from “K Hanwon,” which was in the jurisdiction of Suwon-gu, Busan, as a water clinic, was closed, and he was able to directly operate the hospital by taking over the above Institute’s existing facilities.

Defendant

A advertised to the effect that “a doctor seeks a furnal intention” on the Internet website used by doctors around December 2009, and thereby suggesting that “the name of the medical institution to be operated within the hospital is defective in the name of the farent,” and Defendant B received approximately KRW 7 million a monthly wage from Defendant A and accepted this.

Defendant

A around March 2, 2010, at the above location, up to March 2, 2010, employed one doctor, two nurses, and three nursing assistants, and established and operated “I Hospital” from that time to January 3, 2012 after obtaining permission to establish a medical institution under the name of Defendant B.

Accordingly, the Defendants conspired to establish and operate a medical institution from March 2, 2010 to January 3, 2012, even if they were not medical personnel.

2) The Defendant: (a) was operating a medical corporation under the name of “A medical corporation” and “I convalescent Hospital”, and (b) was able to establish a medical corporation under the name of a medical corporation established for the purpose of medical business under the Medical Service Act (hereinafter “medical corporation”); (c) was abused that the hospital established in the name of an individual doctor would be an issue with “A hospital”; and (d) was able to establish a medical corporation under the name of the medical corporation and operated the hospital under the name of the medical corporation.

Defendant

A acquires the land and buildings of the above hospital around October 201 under the name of the defendant B, and set up a right to collateral security with the defendant bank, the debtor, and the maximum amount of the claim amount of KRW 1.95 billion on the above real estate in the name of the defendant B and the defendant B.

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