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(영문) 의정부지방법원 2016.09.28 2016고단431
의료법위반등
Text

Defendant

A and C Imprisonment for ten months, Defendant B's imprisonment for eight months, and Defendant D's fine for KRW 3,00,000, respectively.

Reasons

Punishment of the crime

1. Joint crimes committed by Defendant A and B;

(a) No person who violates the Medical Service Act may establish a medical institution, other than a medical 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;

The Defendants decided to establish a medical institution without the license of the medical doctor, etc. on the first, second, and second floor of Gyeonggi-do Group I, and the Defendant A conspired to operate the medical institution as above by taking charge of the overall management of the hospital, including the management of employees, daily settlement of accounts, and daily settlement of accounts.

Accordingly, the Defendants decided to establish a medical institution in the above place on September 25, 2013 under the name of the “Jaryaryary work Association of the Incorporated Foundation”, and the director K and L, a foundation, operated a medical institution in the above place. The amount of five million won rental fee for the corporate director K and L was operated at the above place.

M paid KRW 50 million for the acquisition fund of medical institutions to M, and then, a “N member” was established in the name of the “J missionary missionary work of an incorporated foundation” by employing doctors C, etc. on the second floor of the above place.

As a result, the Defendants established a medical institution even if they were not in collusion with doctors.

(b) No person other than a medical institution established under the Medical Service Act for fraud may request expenses for medical care and emergency travel under the National Health Insurance Act;

Nevertheless, from September 25, 2013 to January 31, 2014, Defendants conspired to give medical treatment to patients at the places described in the foregoing paragraph (a) from around September 25, 2013 to around January 31, 2014, and requested review by submitting a statement of medical care benefits costs to the Health Insurance Review Evaluation Institute. Upon receipt of notice of the result of the review, the Defendants received a total of KRW 138,905,810 from the National Health Insurance Corporation that believed to be true [Attachment 1] as the re-statement of the claim for medical care benefits costs.

2. He/she shall not engage in medical technicians, etc. other than Defendant A medical technicians, etc.;

Nevertheless, the defendant around November 5, 2013, the above 1-A.

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