1. 6 months of imprisonment with prison labor for the crimes set forth in Nos. 4, 5 and 6 of the judgment of Defendant A, and No. 1, 2, 3 and 6 of the judgment.

Punishment of the crime

[criminal record] Defendant A was sentenced to a suspended sentence of three years and a fine of five million won for a violation of the Act on Special Measures for the Control of Public Health Crimes at the Seoul Northern District Court on October 31, 2006 (illegal medical business operators) and sentenced to a fine of three million won for a violation of the Medical Technicians, etc. Act at the Seoul Western District Court on April 27, 2009. On July 20, 2012, Defendant A was sentenced to a suspended sentence of two years and a fine of ten million won for a year for a violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Business Operators) at the same court on July 20, 2012, and was sentenced to a suspended sentence of two years and a fine of ten million won for a year and on the 28th of the same month.

[Criminal facts]

1. Joint crimes committed by Defendant A and B;

A. No person other than a medical person violating the Medical Service Act may establish a medical institution, and the Defendant A is not a dentist.

Nevertheless, on May 7, 2009, the Defendants conspired to lease the above place and possess medical treatment facilities and equipment. The Defendant A employed Defendant B (K) at the level of 12 million won per month, and issued a report on the establishment of a dental clinic with the name of “L dental clinic” at the public health clinic of Seodaemun-gu Seoul, Seoul, and the Defendant B took exclusive charge of the operation of the dental clinic. Defendant B took charge of diagnosis and treatment of patients who provided the place from around that time to March 27, 2017.

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

B. 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 (Fraud) has employed a dentist to perform medical practice, he/she cannot claim medical care costs or medical care costs under the National Health Insurance Act.

The Defendants conspired to establish and operate the “L dental clinic”, which is an office-based hospital in the name of the Defendant B, in violation of the Medical Service Act, as described in the foregoing paragraph 1-A. From July 22, 2009 to March 27, 2017.