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(영문) 광주지방법원 2012.09.26 2012노734
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1’s erroneous determination of facts is that the Defendant directly borrowed money from Defendant B and opened a (Gu)F won, and there was no conspiracy to lend the medical license to the said B, who is not a medical personnel, to establish a medical institution. This part of the judgment of the court below is erroneous in misunderstanding of facts. 2) The sentence imposed by the court below on the Defendant (one year of imprisonment and two years of suspended execution) is too unreasonable.

B. Defendant B (1) misunderstanding of facts did not establish a medical institution by employing the accused A, etc., and there was no fact by deceiving the Victim Health Insurance Corporation in collusion with the above accused A, and there was an error of misunderstanding of facts. The judgment of the court below is erroneous in misunderstanding of facts. (2) The punishment (one year and six months of imprisonment, three years of suspended execution, and one hundred and twenty hours of community service) sentenced by the court below of unfair sentencing is too unreasonable.

2. Determination

A. On March 208, Defendant B concluded a lease agreement with S Co., Ltd. which is the owner of the building of this case and paid KRW 40,000,000,000 to the Defendants’ assertion of mistake of facts regarding the violation of the Medical Service Act, and provided a remodelling of the building in which KRW 200,000,000 won was built with the facilities of the Council members by remodelling the building in question. On June 2008, Defendant A recommended the hospital in the above building by suggesting that Defendant A pay the expenses necessary for the individual rehabilitation procedure and paying the expenses every month.

In addition, on December 2008, Defendant B, along with Defendant A, employed G as the nominal president of the instant Council members, by met with Defendant A, who was a doctor.

In addition, Defendant B: (a) from around December 10, 2008 to September 28, 2009; and (b) from around June 1, 2010 to September 28, 2010 to managing all the funds by being entrusted with the head of the administrative office in the instant member; and (c) managed the employees.

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