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(영문) 부산지방법원 2019.07.26 2019고합35
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

1. Defendant A

A. One year of imprisonment with prison labor and one year of imprisonment with prison labor for the crime No. 2 as stated in the judgment of the defendant.

Reasons

Punishment of the crime

[criminal power] On June 22, 2012, Defendant A was sentenced to imprisonment with prison labor for a violation of the Medical Service Act, etc. at the Busan District Court and a fine of two million won on August 30, 2012, and the said judgment became final and conclusive.

[Attachment] Defendant A is the president of the G Cooperatives (hereinafter “G Cooperatives”) from March 28, 2005 to April 19, 201; Defendant B is the president of the G Cooperatives from March 8, 2011 to March 14, 201; Defendant C is the president of the G Cooperatives from May 22, 2014 to November 20, 2015; Defendant D contributes from July 17, 2014 to July 16, 2015 to the senior citizens’ welfare and hygiene association from August 2015 to the auditor; Defendant E contributes to the improvement of health and hygiene of the community from around November 2016 to the disabled members; and Defendant C contributes to the improvement of the welfare of the community and the disabled members’ welfare association from around July 2017, 2017 to around July 16, 2017.

【Criminal Facts】

1. Although Defendant A was unable to establish a medical institution other than a doctor, herb doctor, dentist, midwife, State, local government, medical corporation, non-profit corporation, etc., the Defendant, who is not a doctor, etc., was not a non-profit corporation, submitted to the Busan Metropolitan City Office the documents, such as the details of payment of contributions and the list of participants at the inaugural general meeting, etc., prepared in a false manner at the time of applying for authorization of the association by abusing the fact that “public health and medical services for improving the health of union members” was permitted, and completed the registration on March 28, 2005 after obtaining authorization for the establishment of the G association from December 13, 206 to February 13, 2010, installed hospital facilities and equipment on the five-story floor of the H building in Busan H building at the Busan Metropolitan City from December 13, 2006 to February 13, 2010.

If a person who is not eligible to establish a medical institution in violation of the Medical Service Act employs a doctor and causes him/her to perform medical practice, the medical care benefit costs and medical care costs under the National Health Insurance Act may not be claimed.

Nevertheless, the defendant is 207.

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