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(영문) 수원지방법원 평택지원 2016.02.03 2015고합137
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

1. Defendant A shall be punished by imprisonment for three years;

2. Defendant B shall be punished by imprisonment for not less than two years and six months;

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is the person who actually operated the instant hospital as the president of the I Hospital (hereinafter referred to as the “instant hospital”), which is a medical care hospital located in Ansan-si G (H in the case of awareness of the road name address), and Defendant B is the person who was working as the president of the instant hospital as a medical care specialist.

1. No person who violates the Medical Service Act shall establish a medical institution, other than a doctor, dentist, herb doctor, assistance in child delivery, the State, a local government, a medical corporation, a non-profit corporation, quasi-governmental institution, etc. under the Civil Act (hereinafter referred to as "doctor, etc.");

Nevertheless, around October 31, 2007, Defendant B lent a medical license necessary to establish a medical institution on condition that Defendant A receive three million won monthly benefit from Defendant A, and Defendant A conspired to establish the instant hospital in the name of Defendant B.

Accordingly, around October 31, 2007, Defendant A had 1’s underground floor, 8’s wards, 50 beds, and 50’s rooms and medical devices in the 7th floor above the ground, and Defendant B had the medical institution establishment permission from the instant hospital under the name of Defendant B from that time, and operated the instant hospital by employing other doctors, nurses, etc. including doctors’J, etc. from September 2015.

Accordingly, the Defendants conspired to establish a medical institution by Defendant A, not a doctor, etc.

2. Where a person who is not eligible to establish a medical institution in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes has employed him/her and has engaged in medical practice, he/she shall not claim medical care benefits under the National Health Insurance Act;

Nevertheless, the Defendants established the instant hospital under the name of Defendant B, who is a medical specialist in children, as described in paragraph (1). Defendant A, who is in charge of the overall operation of the instant hospital, had the patient receive medical care benefits from the National Health Insurance Corporation (hereinafter “victim”) after employing another doctor, etc.

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