Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 7,000,000 won.

Defendant

B The above fine.

Punishment of the crime

Defendant

A is not a medical person as the operator of the “D” member in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, but the defendant B is the doctor of the above hospital employed by the defendant A.

1. On December 18, 2013, Defendant A opened and operated the said hospital under the name of E, and around May 21, 2014, Defendant A employed Defendant B as a medical doctor and had B provide medical treatment. On October 31, 2014, Defendant A continued to operate the said hospital until April 2018 by changing the name of the founder of the hospital into B.

As a result, the Defendants conspired to establish and operate a medical institution under the name of the Defendant B even though the Defendants were not medical personnel.

2. Defendant A

A. Unlicensed medical practice Defendant: (a) around March 20, 2018, at the foregoing hospital around March 20, 2018, performed medical practice on five occasions from around that time to April 17, 2018 as indicated in the list of crimes committed in the annexed crime committed by the patient F.

B. The Defendant, even though the foregoing hospital was not a medical institution established by a medical person, filed a claim for medical care benefits by pretending that the hospital was a normal medical institution, and subsequently, received the payment of medical care benefits costs of KRW 21,211,10 by deceiving the National Health Insurance Corporation from November 2014 to January 2018.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to G, H, I, and J;

1. Each investigation report (No. 20 through 23 No. 5 of the evidence list);

1. A medical institution report certificate, reply data (request for investigation), and reply data;

1. A photographic contract of a member of the D Council;

1. Application of the Acts and subordinate statutes on photographic data;

1. Relevant legal provisions concerning criminal facts;

A. Defendants: Articles 87(1)2 and 33(2) of the Medical Service Act, and Article 30 of the Criminal Act (the establishment of a medical institution by a non-medical person);

(b) Defendant A: Article 87(1)2, Article 27(1) of the Medical Service Act (hereafter referred to as “non-licensed medical practice”), Article 347(1) of the Criminal Act (hereafter referred to as “non-licensed medical practice”); Article 347(1) of the Criminal Act

1. Selection of punishment;

A. Defendant A: each of them.