logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.05.31 2017노3171
의료법위반등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Comprehensively taking account of all circumstances related to the establishment and operation of the instant hospital, which is recognized by the prosecutor’s evidence as follows: (a) Defendant A, a non-medical person, as indicated in the facts charged in the instant case, conspired with Defendant B, a medical personnel, to work together with Defendant B on the condition that he/she will actively deal with the recruitment and management of facilities and human resources, the raising of necessary funds, the ownership of the operational performance, etc.; and (b) Defendant B, who operated the instant hospital under the name of Defendant B (hereinafter “the instant hospital”), and acquired the cost of medical care benefits from

2. Summary of the facts charged in this case

(a) No person, other than a doctor, herb doctor, dentist, midwifery, the State, a local government, a medical corporation, a non-profit corporation or quasi-governmental institution established under the Civil Act or any special Act, may establish a medical institution;

On July 25, 200, the Defendants: (a) established the J Council; (b) Defendant A bears most of the expenses for establishment; (c) paid the funds borrowed from the financial institution under the name of Defendant B to the head of the administrative branch; (d) are responsible for the overall operation of the hospital, such as employment of employees, purchase of goods, and fund management; and (e) Defendant B is in the position of the head of the hospital; and (c) are in the duties of the head of the hospital; and (d) when examining the patient’s medical treatment, the above matters concerning the operation of the hospital are determined by the above A; (b) in collusion to expand the hospital while operating only part of the monthly and monthly income of the hospital and expand the hospital; and (c) on July 16, 2007, the instant hospital was established in K and 6, and (d) from the above date to November 2, 2015, the instant hospital was established as the medical institution providing medical care benefits equivalent to KRW 10,530,640,37.

B. A non-medical person who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).

arrow