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(영문) 수원지방법원 안산지원 2015.12.17 2014고단1100
의료법위반등
Text

Defendant

A Imprisonment for two years, Defendant B, N, and R, with prison labor for ten months, and Defendant K and M with prison labor for one year and six months.

Reasons

Punishment of the crime

1. AK and oriental medical hospitals:

A. No person who violates the Medical Service Act may establish a medical institution unless he/she is a doctor, herb doctor, dentist, midwife, midwife, State, local self-government system, medical corporation, non-profit corporation, quasi-governmental institution under the Civil Act, or quasi-governmental institution (hereinafter “doctor, etc.”).

Nevertheless, around May 209, Defendant Q, M, K, and P decided to establish an oriental medical hospital and a medical care center in the AL in Silung-si. The amount of approximately KRW 700 million invested and the amount of KRW 700 million divided into shares in the hospital and then divide the profits of the hospital into shares. In order to pretend that the medical personnel run the hospital, Defendant I, an oriental medical doctor, is the name of the hospital, and Defendant S, the above I, an internal herb doctor, prepared an agreement by employing I who is a doctor and operating the hospital in preparation for embezzlement of the above I’s revenues. Defendant I received KRW 600,000 per month and recruited Defendant I to take charge of the treatment of the patient at the above hospital.

On October 14, 2009, the Defendants established a medical institution under the name of “AK oriental medical hospital” in the name of Defendant I, with hospitalization rooms, treatment rooms, and physical treatment rooms at the above places.

As a result, the Defendants established a medical institution even though they did not act in collusion.

(2) In case where a person who is not eligible to establish a medical institution in violation of the Medical Service Act employs a doctor and renders medical treatment, he may not claim medical care benefit costs under the National Health Insurance Act.

From October 14, 2009 to March 3, 2010, Defendants conspired to operate the above AK oriental medical hospital, and request the Health Care Benefit Statement to the Health Insurance Review and Assessment Service to examine patients treated by Defendant I. The Defendants are as shown in the annexed list of crimes (1) from the victim of the National Health Insurance Service who is believed to be true upon being notified of the results of the examination.

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