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(영문) 대구지방법원 김천지원 2014.11.18 2014고정430
의료법위반
Text

Defendants are not guilty.

Reasons

1. Facts charged;

A. On February 28, 1989, Defendant A, Defendant B, and Defendant C’s co-principal are an oriental medical doctor who was issued a herb doctor’s license and is the actual operator of the “Jwon” in the old Si/Gu, and Defendant B is the chief director of the “D, an incorporated foundation,” the non-profit corporation of the Gu, U.S., upon which the said “Jwon” was established and reported as a medical institution. Defendant C is a person who sells and leases medical devices with the trade name “K.”

Defendant

A around October 2012, since he was a person with bad credit standing equivalent to 200 million won, there was no money to directly establish one Council member. Since he was employed by another Council member and worked as a person with bad credit intent, there was a risk of being subject to seizure of benefits. Accordingly, he was found to have established one Council member who was entrusted to him, and Defendant B did not have a proper profit when he was employed after opening the hospital, so he did not have a proper profit. Meanwhile, Defendant C was responsible for being entrusted with the hospital and sought an intention to operate the hospital. Meanwhile, Defendant C had a claim of about 200 million won against Defendant B, and introduced Defendant B, a oriental medical doctor, to establish one Council member, and to collect the above claim by receiving payment from Defendant A on behalf of Defendant A in return for repayment of 4 million won of the profits accrued from Defendant A’s operation, and introduced Defendant B and Defendant A around December 2, 2012.

A medical person cannot establish a medical institution under the Medical Service Act, and the Defendants are unable to establish or operate a medical institution under the name of another medical person. However, the Defendants, as above, establish a medical institution under the name of the above foundation, and Defendant A actually operates the Korea Institute established by the above B without establishing the Korea Institute under one’s own name, and Defendant C provides medical services. Defendant C is 4 million won per month out of the profits of the Korea Institute established by the above A.

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