Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

From September 29, 2008 to March 14, 2011, the Defendant, as a doctor, opened and operated a “G convalescent hospital” in the name of the Defendant in the Gyeyang-gu Incheon Gyeyang-gu Office. On February 29, 2010, the Defendant proposed to pay H 10 million won per month and 10 percent of the equity interest of the hospital, and H accepted this. The Defendant overlapping the establishment of a medical institution by having the J convalescent hospital in the name of H, from June 7, 2010 to March 14, 201, with the treatment room, beds, etc. on the 8th floor of Incheon Gyeyang-gu I building.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness H and K in part;

1. A protocol concerning the suspect examination of the accused;

1. The application of the Act and subordinate statutes to “a case concerning investigation reports (general)-G hospital-related documents,” “delivery of investigative data,” “a copy, etc. of diagnosis and treatment of G hospital and G hospital”, “a report on investigation (general)-a written authorization, reply to the current status of registration of intention,” and “a certificate of permission to establish a J hospital

1. Article 87 (1) 2 of the Medical Service Act and Articles 87 (1) 2 and 33 (8) of the same Act concerning criminal facts, the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for conviction under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The purport of Article 33(8) of the Medical Service Act, which limits the number of medical institutions to which a doctor can establish one, is to prevent in advance the management of a medical institution by a person other than a doctor by permitting the establishment of a medical institution only within the scope of a place in which a doctor can directly perform medical practice. Thus, a doctor who establishes a medical institution under his/her own name directly takes part in the management of a newly established medical institution by employing another medical institution under his/her own name and directly employing his/her employees and paying wages, and taking profits accruing from the business, etc., by leasing another doctor’s license.