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(영문) 서울동부지방법원 2013.09.04 2013고단1647
의료법위반
Text

Defendant

A Imprisonment with prison labor for one year, for eight months, and for six months, for each of the defendants C.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is a radiation worker, and C is a person who operates a taxi company, and B is a doctor.

No person, other than a medical doctor, dentist, herb doctor, midwife, State or local government, medical corporation, non-profit corporation established pursuant to the Civil Act or any special Act, quasi-government institution established pursuant to the Act on the Management of Public Institutions, a local medical center established pursuant to the Act on the Establishment and Management of Local Medical Centers, or the Korea Veterans Welfare and Healthcare Corporation established pursuant to the Korea Veterans Welfare and Healthcare Corporation

1. On January 2012, 2012, Defendant A and C agreed to take charge of the operation of the hospital, and Defendant C agreed to contribute to the investment of KRW 130 million necessary for the establishment of the hospital to reflect the profits.

After that, on January 16, 2012, the Defendants installed a medical care room, recovery room, X-ray room, EX display room, health examination room, gene shooting room, and medical device in the “F Hospital” located in the 3rd floor of Songpa-gu Seoul E building, and operated a clinic from around that time until March 15, 2012, by filing a report on the establishment of a medical institution under the name of “F Council” with the director of the public health clinic employed by the Defendants.

Accordingly, the Defendants conspired to establish a medical institution without being qualified to establish a medical institution.

2. On March 15, 2012, Defendant A and the same joint criminal conduct of the Defendant A and B: (a) the doctor G employed by the said “F Council member”; (b) reported the closure of business; and (c) the Defendant A agreed to pay the funds for the provision and operation of the hospital facilities; (d) the Defendant B agreed to receive six million won per month and to provide medical treatment for the patients; (e) reported the establishment of the hospital under the name of the head of Songpa-gu public health clinic; and (e) operated the Council member from around that month to March 26, 2013.

Accordingly, the Defendants conspired to establish a medical institution without being entitled to establish a medical institution.

Summary of Evidence

1. Each of the Defendants’ respective legal statements 1.

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