1. Defendant A shall be punished by imprisonment with prison labor for one year and six months;

2. Defendant B shall be punished by a fine of KRW 10 million.

Punishment of the crime

[2018 Highest 335]

1. Joint crimes committed by Defendant A and B;

(a) No person other than dentists, etc. may establish a medical institution;

Nevertheless, Defendant A proposed that “A, by lending the name of the dental clinic to establish dental clinics and providing dental treatment by being employed by a dental doctor, Defendant A would give remuneration of KRW 11 million per week on the face of a week.” Defendant B consented thereto.

According to the above public offering, from October 1, 2013 to March 11, 2015, Defendant A leased the F Building G of Nowon-gu in Seoul Special Metropolitan City to KRW 50 million, monthly, and KRW 3 million. Defendant B established a dental clinic under the trade name of “H dental clinic” by using Defendant B’s dentist’s license, and installed and operated medical devices, such as the contact for patients, and the management of facilities, employees, and funds. Defendant B established and operated a dental clinic by giving dental treatment to patients and receiving a fixed monthly wage.

Accordingly, the Defendants conspired to establish a medical institution by Defendant A, not a medical person.

(b) Where a person who is not eligible to establish a medical institution in violation of the Medical Service Act employs a medical doctor and has engaged in medical practice, he/she shall not claim expenses for medical care benefits under the National Health Insurance Act;

Nevertheless, the Defendants: (a) around October 2013, at the same time, were practically established and operated by the Defendant A, not “H dental clinic”; (b) but (c) the above dental clinic was established and operated by Defendant B, as if the pertinent dental clinic was a normal medical institution established and operated by Defendant B with the lawful dentist’s license; (d) filed a claim for medical care costs by deceiving the Victim National Health Insurance Corporation; and (e) from November 2013 to March 2015, the Defendants acquired the aforementioned claim for medical care costs from the injured party by receiving the payment of KRW 80,56,360, total sum of 17 times, such as the list of crimes (1) in attached Form 1.

2. Defendant A.