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(영문) 서울북부지방법원 2014.11.12 2014고단3053
의료법위반등
Text

Defendant

A Imprisonment of 10 months, and Defendant B shall be punished by a fine of 3 million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A committed a crime on February 201, 201, the Defendant employed a policeman D and the Defendant, an oriental medical doctor, and recruited to operate one Council member under the name of D.

No person other than medical personnel, such as oriental medical doctors in violation of the Medical Service Act, may establish a medical institution.

From February 15, 2011 to September 13, 2012, the Defendant equipped with medical facilities, such as treatment rooms, bedclothes, etc. in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and the Defendant opened and operated “F clinic” in the name of D, giving D a monthly wage of 4 million won.

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

From February 15, 201 to September 13, 2012, the Defendant: (a) provided that the Defendant employed the Defendant as D and “F Council members”; (b) provided medical treatment for patients; (c) provided the Victim Health Insurance Corporation with a medical care benefit claim; and (d) received, from the Victim Health Insurance Corporation, the sum of KRW 56,105,010 in total from April 25, 201 to October 11, 2012, as indicated in the list of crimes in attached Table 22 as medical care benefit expenses in the name of D, as indicated in the list of crimes, from April 25, 201 to October 25, 2012.

Accordingly, the Defendant, in collusion with D, established a medical institution without medical personnel, and received a total of KRW 56,105,010 from the National Health Insurance Corporation for the purpose of medical care expenses.

2. On September 2012, the Defendants were recruited by Defendant A, an oriental medical doctor, and recruited to operate one Council member under the name of Defendant B.

No person other than medical personnel, such as oriental medical doctors in violation of the Medical Service Act, may establish a medical institution.

From September 14, 2012 to May 7, 2013, Defendants equipped with medical facilities, such as diagnosis rooms, bedclothes, etc., in Dongdaemun-gu Seoul, Dongdaemun-gu, and Defendant A provided monthly wage of 3.5 million won to Defendant B, and opened and operated “F Council Members” in the name of Defendant B.

(b) under the Medical Service Act;

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