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(영문) 서울동부지방법원 2019.06.13 2019고단1055
의료법위반등
Text

Defendant

A Imprisonment for eight months, Defendant B shall be punished by a fine of 4 million won, and Defendant C shall be punished by a fine of 15 million won.

Reasons

Punishment of the crime

Defendant

A served as an administrative director, Defendant B as the head of accounting and cooking office at the above F Council members, and each from December 31, 2014 to April 19, 2017, with the F Council members located in five floors of Songpa-gu Seoul E building in Songpa-gu Seoul.

Defendant

A and Defendant B, around July 2017, proposed that Defendant C, a doctor to take over and operate F Council members who died and discontinued the business of Defendant C, “a patient, who lends the name of 7 million won per month, and at the hospital run by us, to provide medical treatment.” The Defendant C consented to the establishment of the hospital under the name of Defendant C, but the operation of the hospital was recruited to operate the office-general hospital under the name of Defendant A and Defendant B, a non-medical person, and Defendant B.

1. Violation of the Medical Service Act;

(a) No person related to the establishment of the F Institute shall establish a medical institution unless he/she falls under a medical doctor, dentist, herb doctor, midwife, or midwife, the State or a local government, a corporation established for the purpose of rendering medical services, a nonprofit corporation established under the Civil Act or any special Act, a quasi-government institution established under the Act on the Management of Public Institutions, a local medical center established under the Act on the Establishment and Operation of Local Medical Centers, or the Korea Veterans Welfare and Healthcare Corporation established

Nevertheless, around July 24, 2017, the Defendants registered the establishment of “F Council member G” on the 5th floor of the Songpa-gu Seoul E building under the name of Defendant C, and Defendant A and Defendant B, by December 10 of the same year, operated the above Council member by performing duties such as the management of revenue and expenditure of the above Council member, the purchase of medical appliances and materials, the employment and management of employees, and the payment of employee wages. Defendant C received monthly salary of 7 million won and performed medical treatment and treatment.

As a result, the Defendants conspired to establish a “office hospital” in the name of Defendant A and Defendant B, a doctor, and operated in the name of Defendant C.

(b)H Council members;

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