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(영문) 부산지방법원 2017.08.11 2017고합239
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment for two years, Defendant B shall be punished by imprisonment for one year and six months, and Defendant C shall be punished by a fine of 10,000,000.

Reasons

Punishment of the crime

【No person, other than a doctor, herb doctor, dentist, assistance in child delivery, the State, a local government, a medical corporation, a nonprofit corporation, etc., shall establish a medical institution.

H (A) On January 11, 2017, the Busan District Court was unable to establish a medical institution, which was in violation of the Medical Service Act at the Busan District Court’s Dong Branch, and thus, established a consumer life cooperative under the Consumer Living Cooperative Act in a formal manner, and used it to establish and operate a medical institution on its own account.

Around March 5, 2004, a number of members, including I, J, and K, were not members of the board of directors or inaugural general meeting, and they did not participate in the normal process of establishment, but were authorized to establish a L-gu Cooperative (hereinafter “L-gu”) by falsely preparing documents, such as a written consent to establish a cooperative, a certificate of payment of contributions, and minutes of the inaugural general meeting, and submitting them to the Busan Metropolitan City Mayor (hereinafter “L-gu”); although a specific individual was not able to invest more than 20% of the total amount of investment, he/she did not comply with the regulations on investment restrictions, such as payment on behalf of most of the total amount of investment. Since most members were unaware of the details of the hospital’s operation, the L-gu Cooperative did not have been able to properly support the consumer life cooperative as a consumer.

Nevertheless, from May 21, 2004 to August 15, 2004, H established and operated a medical institution under the name of “L-gu Cooperative O member” after leasing a building in Busan Metropolitan City for medical treatment and employing medical doctors’ N et al. from around May 21, 2004. From around August 16, 2004 to June 26, 2005, H established and operated a medical institution under the name of “the members affiliated with L-gu Cooperative” under the name of “the members of L-gu Cooperative.”

On the other hand, R (the Busan District Court on May 22, 2017) violated the Medical Service Act.

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