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(영문) 서울북부지방법원 2014.12.18 2014고단3459
의료법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for four months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2012, the Defendants employed Defendant B, a doctor of Defendant A, and conspired to operate a member of the Council in the name of Defendant B.

1. No person other than medical persons, such as doctors who violate the Medical Service Act, may establish a medical institution;

From July 16, 2012 to August 20, 2014, Defendants were equipped with medical facilities, such as a clinic and an operating room, in Gangnam-gu Seoul Metropolitan Government, and Defendant A offered monthly wage of KRW 10 million to Defendant B, and Defendant B established and operated “H clinic” in the name of Defendant B.

2. Where a person who is disqualified as a founder of a medical institution in violation of the Medical Service Act has employed a medical doctor to perform medical practice, he may not claim medical care benefit costs under the National Health Insurance Act;

From July 16, 2012 to August 20, 2014, the Defendants: (a) provided that Defendant A employed Defendant B to treat a patient; and (b) provided the Victim B with medical care benefit fees claimed from the National Health Insurance Corporation; and (c) received from the victim, who believed it as true, the sum of KRW 50,060,770,070, in total, from 20 times to 20 times as indicated in the list of crimes in the attached Table as medical care benefit expenses from October 22, 2012 to July 14, 2014 from the victim, who believed it as true.

As a result, the Defendants conspired to establish a medical institution by non-medical persons, and received a total of 50,060,770 won from the National Health Insurance Corporation as medical care expenses.

Summary of Evidence

1. Defendants’ legal statement

1. Each police interrogation protocol against I and J;

1. The medical institution establishment report ledger;

1. Notification of materials to suspected medical care institutions, such as violations of the Medical Service Act;

1. Details of transactions in each account;

1. Application of the Acts and subordinate statutes to H Council members and K Invested Book Copies;

1. Each of the pertinent provisions of the Criminal Act comprehensively relate to criminal facts, Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, Articles 87(1)2 and 33(2) of the Medical Service Act, and Article 30 of the Criminal Act (the violation of the Medical Service Act by the establishment of non-medical institutions, and the choice of imprisonment).

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