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(영문) 부산지방법원 2015.04.30 2014고단487
사기등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year and six months;

30 million won shall be additionally collected from the defendant.

2. The defendant.

Reasons

Punishment of the crime

[Criminal Justice] On January 14, 2011, Defendant B was sentenced to imprisonment of one year and three months and a fine of ten million won at the Busan District Court for a violation of the Medical Service Act, etc. and completed the execution of the sentence on March 14, 2012.

【Criminal Facts】

Defendant A is the name of the principal of the Jvalescent and the head of the hospital in Ulsan-gu I. Defendant B is the administrative director of the Jvalvalescent and the actual operator of the above hospital. Defendant C is the principal of the Jvalvalescent and Defendant C is the head of the department in charge of the Jvalescent, Defendant D is the head of the Dong-dong Branch Office, Dong Branch Office, the purpose of which is to manufacture and sell medicines and export and import business.

1. Joint criminal conduct by Defendant A and B;

(a) No person who violates the Medical Service Act may establish a medical institution unless he/she is a doctor, herb doctor, dentist, midwife, State or local government, medical corporation, nonprofit corporation or quasi-governmental institution under the Civil Act, or a doctor, etc. (hereinafter referred to as "doctor, etc.");

Defendant

B, even though it is not a doctor, etc. on January 2013, 2013, upon accepting and operating a convalescent hospital, asked Defendant A, who is a mental doctor, to lend the name of the hospital for the establishment of the hospital. Defendant A consented thereto, and around March 2013, Defendant A issued his license, etc. to Defendant B so that Defendant B can proceed with the establishment of the hospital.

After that, around May 1, 2013, Defendant B employed Defendant A on condition that Defendant B would provide KRW 15 million each month from Ulsan-gu, Ulsan-gu I, and established a hospital with a hospital license borrowed from Defendant A, 24 rooms, and 113 patient beds.

As a result, the Defendants established a medical institution even if they were not in collusion with doctors.

(b) Where any person who is not entitled to establish a medical institution in violation of the Medical Service Act engages in medical practice by employing a doctor, he/she may not claim medical care benefit costs under the National Health Insurance Act;

The Defendants’ factual facts are the above Jvalescent Hospital.

The Medical Service Act as provided.

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