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(영문) 서울중앙지방법원 2015.07.10 2015고합372
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

No person other than medical personnel violating the Medical Service Act may establish a medical institution.

Around July 2013, the Defendant established a hospital in the name of a doctor E, the Defendant was in mind to take over and operate the G hospital in the name of “G hospital” (a hospital in which non-medical persons employ and operate medical personnel) under the title of “G hospital” (hereinafter referred to as “G hospital”) located in the Dongjak-gu Seoul Metropolitan Government.

On July 17, 2013, the Defendant: (a) proposed to operate a G hospital to the H Medical Foundation, a doctor, in a coffee shop near the G Hospital; (b) proposed that the name of the establishment of the medical institution should be lent each month on the condition that he/she would receive benefits of KRW 10 million from the process issues; and (c) proposed that he/she would be working as the sealing doctor; and (d) obtained consent from E.

Around July 2013, the Defendant, who is not a medical personnel, took over medical facilities and employees from I to 600 million won, employed the name of the establishment of a medical institution as a condition for the aforementioned benefits. On August 1, 2013, the Defendant, who was not a medical personnel, was in charge of the overall management, including the administrative affairs of the G hospital, the raising of operating funds, and the receipt and disbursement of money, by finding the public health clinic in the Dongjak-gu Seoul Metropolitan Government around August 1, 2013.

Accordingly, even if the Defendant is not a medical person, the Defendant employed a medical person E and established a medical institution under the name of E.

Around December 2013, the defendant expressed his/her intention to establish a hospital in the name of a doctorJ, and he/she thought that he/she continued to operate a G hospital by changing the name of the establishment of a medical institution in the name of J, which is the defendant's funeral and will.

Around that time, the Defendant received consent from the J by stating that “Isnher would go back to a hospital and go back to a hospital and up to 10 million won every month if I look at the patient.”

A defendant, other than medical personnel, is a public health clinic in Dongjak-gu Seoul Metropolitan Government on January 2, 2014.

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