Text
Defendant
A Imprisonment of three years and six months, Defendant B's imprisonment of two years and six months, and Defendant C of one year and six months, respectively.
Reasons
Punishment of the crime
Defendant A, even though he is not a medical person, is a person who actually operates the above convalescent Hospital while serving as the head of the administrative office in Gangseo-gu Seoul Metropolitan Government “J Convalescent Hospital”. Defendant C, B, and K are doctors employed by the Defendant A due to the establishment of the above hospital.
1. Joint criminal conduct with Defendant A’s K;
(a) No person, other than a medical person, may establish a medical institution in violation of the Medical Service Act (1) in the name of K;
Nevertheless, Defendant A employed a person who has a doctor's license and reported the establishment of a hospital, employed employees, etc., and recruited to operate the so-called "office hospital" by lending the name necessary for the establishment and operation of a medical institution under the condition that he/she receives KRW 3 million per month from Defendant A.
Defendant
A established a medical care room, hospitalization room, rehabilitation treatment room, and various medical devices in a building of a size of 6 stories and 3,321.21 square meters on the ground in Gangseo-gu Seoul Metropolitan Government I, and employed nurses, physical care clinics, etc., and reported the establishment of a medical institution to the head of Gangseo-gu Public Health Center under the name of K with the name of "J long-term care hospital" on May 7, 2007, and established and operated the above hospital until March 10, 2009, by means of filing a report on the establishment, and filing a claim for benefits with the Health Insurance Corporation.
As a result, the Defendant conspired with K to establish a medical institution from May 7, 2007 to March 10, 2009.
(2) No person, other than medical personnel, may establish a medical institution in the name of K.
Nevertheless, when Defendant A only two doctors employed by Defendant A as the opening, Defendant A is in charge of operating the hospital by again employing K and reporting the change of the hospital founder, employing and managing employees, etc., and K is necessary to establish and operate a medical institution on the condition that Defendant A receive KRW 5 million per month from Defendant A.