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(영문) 의정부지방법원 2016.09.27 2016노661
의료법위반
Text

1. All the judgment below is reversed.

2. Defendant A’s imprisonment with prison labor and fine of 10,000,000 won and Defendant B.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is that the facts charged in this case shall be fully convicted based on relevant evidence, but the court below rendered a not-guilty verdict on the facts charged. The court below erred in the misapprehension of facts.

2. Determination

A. On November 22, 2012, Defendant A was sentenced to a fine of KRW 12 million for a violation of the Medical Service Act at the Jung-gu District Court on November 22, 2012, and became final and conclusive on June 28, 2013.

1) No person who establishes a medical institution by a person, other than a doctor, herb doctor, dentist, assistance in child delivery, State, local government, medical corporation, nonprofit corporation under the Civil Act and Special Act, and quasi-governmental institution (hereinafter “doctor, etc.”) may establish a medical institution.

A) On January 5, 2009, Defendant A had been investigated by the investigative agency on the fact that Defendant A had lent the name of F-F-Government Branch G, the name of F-F-Government Branch G, and opened and opened I-A-A-A-A-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U.

On January 31, 2011, the Defendants concluded a contract for comprehensive transfer of medical institutions with J Medical Foundation and I as to the members of the medical institutions within the medical department, and employed the medical department after taking over the medical department and employing the medical department, using the name of the medical foundation J Medical Foundation to report the establishment of a medical institution with the name of "I member of the Medical Foundation J Medical Foundation" for governmental viewing by using the name of the medical foundation.

Accordingly, the Defendants conspired to establish a medical institution as a person who is not a doctor.

B) As above, the Defendants established a medical life cooperative under the name of the medical corporation J Medical Foundation and established and operated a medical life cooperative under the name of the medical corporation, and the said I medical life cooperative.

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