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(영문) 서울중앙지방법원 2013.12.19 2013고단3527
의료법위반
Text

Defendant

A Imprisonment with prison labor for one year and six months, for 8 months, for Defendant C, for 8 months and for 6 months, for Defendant D.

Reasons

Punishment of the crime

1. Defendant A, B, C, and D’s violation of the Medical Service Act, even if they are not medical personnel, should P take overall charge of administrative affairs related to the establishment and operation of the hospital; the building or site on which at least 100 patient beds can be operated in water; raised funds by collecting investors; used the funds for the purchase or lease of the building of the hospital or for the purchase of medical appliances inside the hospital; and the following five convalescent hospitals; and the relevant doctor excluded from his/her intent to take office as the president of the hospital; made the relevant doctor to take office as the president of the five convalescent hospitals; paid a certain amount monthly amount per month to the relevant doctor; determined whether to employ or move employees, purchase drugs and raise funds; and, at the same time or in order, operated five convalescent hospitals at the same time and in order, the amount loaned under the name of the president of each hospital is paid to investors as the title of rent or dividends; or decided to use the funds for the operation of the hospital or to reimburse debts of the hospital.

Accordingly, Defendant A established five hospitals in collusion with the doctors of each hospital as follows. A.

Defendant A, at around July 1, 2004, intended to open a convalescent hospital in a building in which the Dongjak-gu Seoul Metropolitan Government RS holds 50% shares, was invested in the name of an investor, such as 1.4 billion won from his own buyer T, UV, W, and X, and used each of 300 million won for the hospital business, and paid the lease deposit for the building, for the hospital interior works, and for the purchase of medical appliances, and for the doctor from July 1, 2004 to May 1, 2005, the doctor Y used for the medical doctor Y from May 2, 2005 to February 21, 2007.

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