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(영문) 부산지방법원 2014.10.16 2014고단1908
의료법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for up to five million won, for each of the defendants B and C, for one year and six months.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

"2014 Highest 1908"

1. No person, other than doctors, etc. (referring to doctors, herb doctors, dentists, midwifes, the State, local governments, medical corporations, nonprofit corporations and quasi-governmental institutions under the Civil Act and Special Act; hereinafter referred to as “doctors, etc.”) may establish medical institutions.

around December 17, 2012, the Defendants conspired to provide the medical facilities, medical appliances, and necessary human resources at the Busan Gangseo-gu Busan 3rd H dental hospital, and are responsible for the operation thereof. Defendant A was paid benefits from Defendant B according to the business conditions. Defendant A reported the mutual establishment of H dental hospital in the name of Defendant A, and Defendant A, medical doctors, etc. performed medical acts until December 31, 2013.

Accordingly, the Defendants conspired to establish a medical institution by Defendant B, not a doctor, etc.

2. Defendant B [Fraud] In case where a person who is not entitled to establish a medical institution, in violation of the Medical Service Act, employs a doctor and engages in medical practice, he may not claim medical care benefit costs, medical care costs and medical care costs under the National Health Insurance Act.

From December 17, 2012 to December 31, 2013, the Defendant operated a dental hospital from around December 17, 2012 to around December 31, 2013, caused a doctor A to treat a patient, and requested the Health Insurance Review and Assessment Service to submit a statement of health care benefit costs, particulars of expenses for medical benefits, and expenses for health examinations to the Health Insurance Review and Assessment Service for review. Upon receipt of notice of the result of review, the Defendant received KRW 19,901,180 under the name of health care benefit expenses, 134,790 under the name of medical care expenses, 66,286,760 under the name of health care expenses, total amount of KRW 86,322,730 under the name of health care expenses

3. Any person other than the defendant B (Violation of the Medical Service Act) shall be prohibited from performing medical practice, and any medical person shall be prohibited from performing any medical practice other than the licensed one;

The defendant.

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