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(영문) 수원지방법원 안양지원 2017.06.23 2016고합222
의료법위반등
Text

Defendant

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

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

"2016 Gohap 222"

1. Defendant A

A. No person who violates the Medical Service Act may establish a medical institution unless he/she is a doctor (referring to a doctor, herb doctor, dentist, assistance in child delivery, the State, a local government, a medical corporation, a non-profit corporation under the Civil Act and special Acts, a quasi-government agency, etc.).

Defendant

A has proposed to establish and operate a so-called office-general hospital (a non-medical person, such as the head of office, etc., with a license of an employment doctor) with the intention of opening and operating a so-called office-general hospital (a medical person established and operated in the name of an employment doctor), and has obtained the consent, and D has recruited to establish and operate a office-general hospital with the content of having the founder of a medical institution conduct medical treatment under his/her name and conduct medical treatment.

From July 1, 2012 to October 29, 2015, the Defendant leased three floors of the E building in the name of “F Council members” in the amount of KRW 500,000, monthly rent of KRW 300,000, and controlled the operation of the above hospital’s facilities, employees, and fund management with one radiation line, which is a medical device, and one terminal for patients, and performed dental treatment for patients who found the said council members under their own name in accordance with the above agreement. D performed dental treatment for patients who found the said council members.

Accordingly, the defendant, in collusion with D, established a medical institution.

B. Where a medical institution is established even though a medical doctor is not in violation of the Medical Service Act in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), it is not possible to request the National Health Insurance Act

Nevertheless, the Defendant established and operated a medical institution from July 1, 2012 to October 29, 2015 from the above F Council members to the above F Council members of the medical institution, even though they were not doctors, etc. as described in the above paragraph 1-A, and filed a claim for medical care allowance and travel expenses with the National Health Insurance Corporation, and filed a claim for such medical care allowance with the victim, from August 1, 2012 to October 2015 [Attachment] list of crimes 1.

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