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(영문) 대전지방법원 논산지원 2019.03.06 2018고합42
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A shall be punished by imprisonment with prison labor for three years, and by a fine of KRW 10 million,00,000,000.

Defendant

B. An incorporated association.

Reasons

Punishment of the crime

1. Defendant A

A. On February 2, 2007, the Defendant: (a) was employed by the representative director of D (hereinafter “D”) by the medical corporation D (hereinafter “D”) as a water clinic at F at the time of official residence; (b) paid KRW 30,000,000 to E; and (c) paid KRW 30,500,000 per month when operating the above institute for one year; and (d) was proposed to succeed to the position of the representative director of D when paying KRW 3,50,000 to E on March 2, 2007; and (c) was appointed as D’s director on the same day.

On April 22, 2008, the Defendant, as a director of D, paid KRW 120,000 to E in return for succession to D representative director, and decided to open and operate the above C Institute under the Defendant’s calculation. On the same day, the Defendant was appointed as D representative director, and operated the above C Institute from around that day.

From May 208 to December 2017, the Defendant: (a) from May 2008 to December 3, 2017, the Defendant, even though the Defendant, who is not qualified to establish a medical institution, established and operated a hospital personally, requested the Health Insurance Review and Assessment Service to submit a statement of health care benefit costs to the Health Insurance Review and Assessment Service under the pretending that D operates a hospital; (b) notified of the result of the examination; and (c) received a total of KRW 2,138,180,562 over 116 times as the name of health care benefit as shown in the annexed crime list from the victim who believed it

(b) No person related to H doctors, herb doctors, dentists, midwifes, the State, local governments, medical corporations, non-profit corporations, etc. under the Civil Act or special Acts may establish a medical institution;

As above, the Defendant is an incorporated association that can establish a medical institution in the name of a non-profit corporation in May 2014, using the fact that it is possible to establish a medical institution in the name of a non-profit corporation in the name of the Defendant.

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