Defendant

A Imprisonment with prison labor for four years and for two years and six months, respectively.

However, as to Defendant B, this shall not apply.

Punishment of the crime

Defendant

A From April 14, 201 to November 11, 2013, A is a person who works as the head of the administration in the H care hospital located in Sincheon-si, from November 12, 2013 to January 2016; Defendant B is a person who works as the head of the administration in the H care hospital located in Sincheon-si; Defendant B is a person who works as the head of the administration in the said F care hospital from March 2, 2012 to November 2, 2013; and from November 12, 2013 to H care hospital.

Defendant

A and B were prosecuted for committing a criminal act with Defendant C (Article 1 of the facts charged) as seen later, and as such, Defendant C’s participation in the criminal act is not recognized. Thus, Defendant A’s sole criminal act like Articles 2-B and 3 of the facts charged.

No person who violates the Medical Service Act may establish a medical institution, other than a 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, on February 2, 2012, offered to Defendant B, a doctor, at the mutual infinite coffee shop located in Nowon-gu, Seoul Special Metropolitan City, to open the above FF convalescent under the name of Defendant B, on condition that he would pay monthly pay KRW 13 million to Defendant B. On March 2, 2012, A operated the FF convalescent Hospital upon obtaining permission to open the said hospital by designating Defendant B as the person who opened the said hospital at Pocheon-si’s viewing.

On June 2012, the Defendants continued to move the above F convalescent to the expansion of the said F convalescent, constructed the building of the hospital in Sincheon-si G, and, on November 12, 2013, changed the name of the medical institution to “H convalescent hospital,” and operated the above hospital until January 2016.

A non-medical person who violates the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) shall invest necessary funds, such as funds for the establishment of medical institutions, operating expenses of facilities, etc., employ medical personnel with facilities, or operate medical institutions in the name of the medical person.