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(영문) 대구지방법원 2020.03.25 2020고정23
의료법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Basic Facts] From January 29, 2013 to May 6, 2015, the Defendant was a director who has the power to represent a medical corporation B (hereinafter “B”) for convenience purposes.

B purchased Young-si C, D, and E (hereinafter “instant real estate”) at KRW 450 million on March 1, 2014, and completed the registration of ownership transfer in the name of B on March 12, 2014. On April 21, 2014, upon obtaining permission from the Gyeong-do Governor to revise the articles of incorporation to add the instant real estate as the basic property of B.

【Criminal Facts】

If a medical corporation intends to dispose of property, it shall obtain permission from the competent authority.

The Defendant purchased the instant real estate from February 2, 2015 to KRW 450 million without obtaining permission from the competent authority, and disposed of the property of a medical corporation on February 27, 2015, such as completing the registration of ownership transfer under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Each police statement made to G, H and I;

1. Application of Acts and subordinate statutes to a sales contract, a full certificate of the matters to be registered as a corporation, a certificate of the entire matters to be registered as a corporation, a B articles of incorporation and a permit to amend the articles of incorporation,

1. Articles 90 and 48(3) of the former Medical Service Act (Amended by Act No. 14438, Dec. 20, 2016) regarding criminal facts

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the provisional payment order: (a) converting the security loan under B’s name into the Defendant’s personal name immediately after the transfer of ownership to the Defendant’s personal name; (b) taking account of the Defendant’s husband’s lead of an act of disposal without permission as determined by the judgment; and (c) the Defendant is the first offender who has no record of punishment. However, at the time of the transfer registration, the instant real estate was seriously violated the real estate registration procedure by using the original articles of incorporation before being transferred to the fundamental property; and (d) transfer B’s operating right to only two months after the transfer registration.

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