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(영문) 인천지방법원 2015.12.10 2015고단4214
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for not less than six months and by imprisonment for not more than eight months for the remaining crimes as stated in the judgment.

Reasons

Punishment of the crime

[Criminal Power] Defendant A was sentenced to a suspended sentence of ten months of imprisonment for fraud at the Incheon District Court on November 3, 2014, and the judgment became final and conclusive on the 11th of the same month, and is still under the suspended sentence.

【Criminal Facts】

To recognize facts constituting a crime by rhizing the facts charged to the extent that there is no concern about substantial disadvantage to the defendants' exercise of their defense rights.

1. Defendant A, in violation of the Medical Service Act, is the president of the Nam-gu Incheon Metropolitan Government Hospital No. 501, No. 502, the fifth fifth floor of the F building, who is the nominal owner of the establishment of the hospital, and Defendant B is a person who actually operates the hospital by taking overall charge of the affairs of the hospital at the above hospital as a director

No person, other than medical persons or medical corporations, may establish a medical institution.

Defendant

B, around April 2014, at the time of the establishment of the internal interior interior interior interior interior surgery by leasing the building of the hospital, around April 2014, Defendant A proposed to Defendant B, “Defendant B was responsible for the operation of the hospital in the position of director, and Defendant A was responsible for the part of the medical treatment, and when profits occur, Defendant A received the right of operation of the hospital from Defendant B on the condition that it mainly reverts to Defendant B, and Defendant A accepted it.

Accordingly, Defendant A established a medical institution under his own name from May 2, 2014 to May 8, 2015, and Defendant B took charge of patient treatment in the above G Hospital, and Defendant B took overall charge of the operation of the hospital.

As a result, the Defendants conspired to refer to the Supreme Court Decision 201Do636 Decided January 23, 2014, which held that Defendant B, who is not a medical person, actually established and operated a medical institution.

2. Where a person who is not entitled to establish a medical institution in violation of the Medical Service Act opens a medical institution, he may not claim medical care benefit costs under the National Health Insurance Act;

The Defendants conspired to commit the crime of the foregoing G Hospital from May 2, 2014 to May 8, 2015.

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