208 Highest 3120 Violation of the Medical Service Act

208 Highest 5324 (Joints)

1. The president of Al (63 years old, female), andO;

2. President of A2 (31 Years, Females), 00 won;

Kim Jong-hun

Law Firm Sejong-dong, Attorneys Noh Jeong-dong (Defendant A1)

Attorney Full-time Training (National Election for Defendant A2)

November 18, 2008

Defendant A1’s imprisonment, and Defendant A2’s imprisonment, shall be punished by a fine of KRW 3,00,000. If Defendant A2 fails to pay the above fine, the above Defendant shall be confined in a workhouse for the period calculated by converting the amount of KRW 50,000 into one day.

However, with respect to Defendant A1, the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive. subparagraphs 1 through 6 of seized evidence shall be confiscated from Defendant A1.

Criminal facts

1. Defendant A1:

A. Despite the fact that no medical person is authorized to establish a medical institution, on November 1, 2007, the medical institution was established in the name of 445.6 square meters in the trigrams (5.6 square meters in the trigrams (5.6 square meters) of the 5th floor of the building in Busan, the trigrams (445.6 square meters), with physical treatment rooms, and with various medical equipment, and the medical institution was established in the name of A2 name of the doctor, and the woman was employed as 4,000,000 won per month, and had the woman conduct medical treatment for the purpose of profit-making.

B. The establishment of a mutual member of the '00meral center (00 won)' is not allowed to attract a patient to a medical institution for commercial purposes by exempting or discounting the individual charges under the National Health Insurance Act or the Medical Care Assistance Act, or by providing transportation means. However, in collusion with C, who is the chief of the department in charge of the above hospital, who is the chief of the department in charge of the above hospital, shows that the defendant's office of the president of the above hospital against the patient with dementia and the patient with the disease or his/her guardian who became aware of through the church, etc., or the church, etc., using the vehicle, it is harsh that the above hospital's medical expenses from the place of residence to the hospital are called Maiturian, and that the above hospital's office is called Ma and E operated vehicle to get him/her to go back to the hospital in the vicinity of the above hospital, each insurance company will cover expenses incurred in opening the hospital, operating expenses incurred in opening the hospital, and operating expenses paid to the hospital from each insurance company.

around November 1, 2007, at the above hospital, the patient with a 120 elderly disease, who visited the above hospital by the above method, received simple physical treatment, etc., and exempted him from the personal expenses under the National Health Insurance Act. From around that time to around April 18, 2008, the patient with a 120 elderly disease was induced to the above hospital by the above method as above, and by inducing the patient with a total of 120 elderly for profit at the above hospital from around April 18, 2008.

2. Defendant A2, as a doctor, was employed by a person disqualified from becoming the founder of a medical institution, and performed medical treatment at the same time and at the same place, after being employed by a medical institution established by A1, a non-medical person.

Summary of Evidence

omitted.

Application of Statutes

1. Article applicable to criminal facts;

A. Defendant A1: Articles 87(1)2 and 33(2) of the Medical Service Act (the establishment of a medical institution, the choice of imprisonment), Articles 88 and 27(3) of the Medical Service Act, and Article 30 of the Criminal Act (the occupation of inducing patients and the choice of imprisonment)

2. Detention in a workhouse (Defendant A2);

Articles 70 and 69(2) of the Criminal Act

3. Suspension of execution (Defendant A1);

Article 62(1) of the Criminal Act (Considering circumstances such as the first offender, the support for the young children, etc.)

4. Confiscation (Defendant A1);

It is so decided as per Disposition for the reasons under Article 48 (1) 1 of the Criminal Act.

Judges Lao Young-gu