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Defendant
A Imprisonment of one year and six months and fine of 10,000,000 won, Defendant B’s imprisonment for one year and a fine of 5,00,000 won, respectively.
Reasons
Punishment of the crime
Defendant
A is an intention to operate the J Council member in Gangnam-gu Seoul, and Defendant B was from October 2013 to a member of the L Council (hereinafter “L Council member of this case”) located in K in the Geumcheon-gu, Busan from around October 2013 to a nursing assistant.
1. Joint crimes committed by the Defendants
A. On April 30, 2015, Defendants in violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Business Operators) decided to file a report on the discontinuation of business, and to take over and operate the hospital business only. However, Defendant A operated a separate hospital. As such, Defendant A was unable to directly treat or treat patients suffering from the instant hospital, Defendant B, without the intention to live in the instant hospital, provided medical services, such as having interviews with patients and taking injections to patients, and offered to share money in the name of the medical treatment expenses received from the patients in return.
Accordingly, Defendant A bears the expenses necessary to take over the instant member, while employing N as an employee in charge of the receipt and receipt of patients to the instant member, and by having O, the representative director of the instant member, take overall charge of the administrative affairs of the instant member, manage the profits of the hospital. Defendant B, without being instructed and supervised by the instant member, provided medical consultation to the patients who visit the instant member independently and mainly for non-comforcing treatment without being instructed and supervised by the relevant member, provided that he/she manufactured the injection and took the medication to the patients, and provided medicines using the name of M who reported the closure of the business, so that the patients may receive the medicine at the pharmacy, and agreed to receive 5% of the sales from the Defendant to receive 15 million won per month other than the monthly wage.
Accordingly, Defendant B would receive non-competence from the instant member around June 17, 2015.