Defendant

A shall be punished by a fine of five million won, and a social welfare foundation B shall be punished by a fine of five million won, respectively.

Defendant

A above.

Punishment of the crime

Defendant

A has overall control over the duties of the Foundation B from October 8, 1984 to July 14, 2013 as the president of the Social Welfare Foundation B. From July 15, 2013 to July 15, 2013, as a director of the said Foundation, he/she takes charge of the duties of operating the hospital. Defendant B’s Social Welfare Foundation is a corporation established for the purpose of establishing and operating the Elderly Medical Center.

A nonprofit corporation that intends to establish a hospital or convalescent hospital shall obtain permission from the Mayor/Do Governor.

1. On December 27, 2005, from around August 31, 2013 to around August 31, 2013, Defendant A, the president or director of the above Social Welfare Corporation B, without obtaining permission from the Mayor/Do governor, paid KRW 100 million to the assets of the said Foundation, and established a medical institution by providing medical doctors, nurses, physical clinics, social workers, dietitians, and other facilities, such as a disinfection room, a disinfection room, a restaurant, a resting room, etc., and by employing doctors, nurses, and seven doctors, such as doctors, etc. in the name of “H Hospital for the Aged” under the name of “H Hospital for the Aged” such as the above G, etc., and had the doctors employed by the said “Corporation B,” such as the above “social Welfare Corporation B,” and the profits of the hospital were paid to the said “Corporation B,” thereby establishing the “medical institution specialized for the aged” in the manner of donation.

2. Defendant B, a representative and employee of the Defendant, established a medical institution without permission of the Mayor/Do governor regarding the Defendant’s business.

Summary of Evidence

1. Protocol of examination of a witness I in the fourth trial record;

1. Examination protocol of the accused by prosecution;

1. Some statements in each police interrogation protocol against G and J;

1. Statement made to K and I by the police;

1. A copy of L/C certificate;

1. A copy of the application for the license of a special hospital for older persons;