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(영문) 서울중앙지방법원 2019.08.22 2017고단5344
의료법위반등
Text

Defendant

A A A A with a fine of KRW 15 million, Defendant B with a fine of KRW 10 million, Defendant C with a fine of KRW 5 million, and Defendant C with a fine of KRW 5 million.

Reasons

Punishment of the crime

Defendant A, “2017 Highest 5344,” is each of the (State) H and I, and the former representative director of J (State). Defendant B is a doctor and the representative director of the said J (State) from July 29, 2016, Defendant E is the representative director of the said J, and Defendant C, Defendant D, and Defendant F are each of the doctors.

1. Defendant A and Defendant C: No person, other than doctors, etc. (a doctor, dentist, herb doctor, midwife, State, local government, medical corporation, non-profit corporation or quasi-governmental institution established under the Civil Act or any special Act) prescribed by the Medical Service Act, may establish a medical institution;

Defendant

A is equipped with medical facilities such as building lease and medical equipment to be used as a medical institution by investing KRW 200 million, and is in charge of operating the medical institution by employing the medical institution, including Defendant C, and Defendant C was in charge of providing the name of the medical institution and receiving KRW 15 million each month from Defendant A in return.

As above, the Defendants conspiredd and operated the medical institution from August 29, 2014 to February 5, 2015 under the name of “L Councilor” with the name of “L Councilor” from the Gangnam-gu Seoul Metropolitan Government M9 and 10 as Defendant C’s founder, and operated the medical institution from August 29, 2014 to February 5, 2015.

Accordingly, the Defendants conspired to establish a medical institution by non-medical personnel.

2. Defendant A and Defendant D: Establishment of a medical institution (L) by a non-medical person;

(a) No person, other than a doctor, dentist, herb doctor, midwife, State, local government, medical corporation, non-profit corporation established under the Civil Act or any special Act, may establish a medical institution under the Medical Service Act (a) ;

Defendant

A, as referred to in paragraph (1), when the above C has retired from office while employing C who is a doctor, he/she shall employ Defendant D who is the doctor and continue to operate it. Defendant D shall be in charge of the provision of the name of the medical institution establishment and medical treatment, and in return, Defendant A shall be in charge of the 15 million won per month from Defendant A.

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