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(영문) 서울서부지방법원 2017.08.17 2017고단1142
사기등
Text

1. Defendant A shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person other than medical persons violating the Medical Service Act may establish a medical institution;

A. On October 2013, Defendant A and G, without a dentist’s license, leased the Eunpyeong-gu Seoul Metropolitan Government H 201, with various dental equipment, and employed dental doctors to take charge of fund management, etc. of the “I dental clinic” and run the hospital.

In addition, around that time, the Defendant employed G on the condition that he would pay KRW 8 million per month to G, who is a doctor, and G reported the establishment of “I dental clinic” on November 1, 2013, and thereafter, took charge of medical treatment of patients of “I dental clinic” until November 15, 2014.

Accordingly, the Defendant, in collusion with G, established an “I dental clinic”, which is a medical institution.

B. On November 15, 2014, the Defendant and the J jointly committed the instant crime: (a) leased the name of K under the condition that (i) a dentist who retired from office, or (ii) a private person of dental, who retired from office, would pay a sum of KRW 3.5 million or KRW 4 million per month to K; (b) on December 5, 2014, the Defendant borrowed the name of K, and (iii) reported the establishment of “I dental clinic” in the name of Pyeongtaek-gu Office; (b) around that time, the Defendant employed J under the condition that the private person of dental, pay a sum of KRW 10 million per month to the private person’s department; and (c) the J provided medical treatment to patients of “I dental clinic” from that time until March 15, 2016.

Accordingly, the Defendant, in collusion with J, established an “I dental clinic” which is not a dentist.

(c)

Defendant

A and Defendant B’s joint crime committed on March 15, 2016, on the condition that the above JJ, working at the “I dental clinic,” and Defendant B would be paid KRW 12 million monthly, around July 2016, Defendant B employed Defendant B; Defendant B, around August 1, 2016, filed a report on the establishment of the trade name with the Eunpyeong-gu Office as “L dental clinic,” and from that time, Defendant B took charge of treating patients of “L dental clinic,” until September 23, 2016.

As a result, the Defendants conspired to do so, Defendant A, not a dentist.

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