Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

Punishment of the crime

[Judgment of the court below]

1. No person who violates the Medical Service Act may establish a medical institution, other than a medical doctor, herb doctor, dentist, midwifery, the State, a local government, a medical corporation, a non-profit corporation or quasi-governmental institution established under the Civil Act or any special Act;

Defendant A, a medical practitioner, recommended the investment of the above H dental clinic to Defendant B, a non-medical practitioner, as the former investor of the above H dental clinic, wanted to recover the investment amount. Accordingly, Defendant B, in charge of the patient’s diagnosis and treatment, invested the patient’s hospital’s operating fund, received a payment of a monthly amount of profit, and agreed to take charge of patient attraction and promotional activities, and Defendant B’s wifeJ employed to take charge of the hospital’s operating fund management.

On October 209, according to the above business agreement, the Defendants paid KRW 100 million to Defendant A as the investment deposit, and the Defendants conspired to establish the above H dental clinic.

2. Medical personnel who are not qualified for medical personnel by investing necessary funds, such as funds for the establishment of medical institutions, operating expenses of facilities, etc., and establishing and operating a medical institution in the name of such medical personnel, cannot be deemed a medical institution established under the Medical Service Act. Therefore, in the event of medical practice, medical care costs under the National Health Insurance Act shall not be claimed;

Nevertheless, from October 2009 to July 2014, the Defendants conspired to treat patients at the place of the foregoing paragraph (1) and from around July 2014, Defendant A submitted a statement of expenses for medical care benefits to the Health Insurance Review Evaluation Institute and requested the review thereof. Upon receipt of the notice of the result of the review, the Defendants received a total of KRW 405,293,610 as shown in the attached list of crimes (No. 29 to 85) under the pretext of expenses for medical care benefits from the victim who believed the truth.