Defendant

A Imprisonment with prison labor for three years and for two years and six months, respectively.

However, this judgment is delivered against Defendant B.

Punishment of the crime

Defendant

A is the person who actually operates the above hospital as the chief director of the L hospital, which is the cause of mental illness in Gyeyang-gu, Yangyang-gu, Yangyang-gu, and the defendant B is the person who works as the president of the L hospital as the father and medical specialist.

1. No person who violates the Medical Service Act shall establish a medical institution, other than a doctor, herb doctor, dentist, midwifery, the State, a local government, a medical corporation, a nonprofit corporation or a quasi-government institution (hereinafter referred to as "doctor, etc.") under the Civil Act;

Nevertheless, around January 17, 2007, Defendant B lent a medical license necessary for the establishment of a medical institution under the condition that Defendant A receive KRW 10 million monthly benefit from Defendant A, and Defendant A conspired to establish a medical institution under the name of Defendant B.

Accordingly, on January 17, 2007, Defendant A was equipped with 294 beds and medical devices on the 2nd floor (1st floor and 3rd floor) of the building located in Gyeyang-gu, Seoyang-gu, Seoyang-si and operated the N Hospital by employing four doctors, etc. from June 9, 2010 from that time with the permission to establish a medical institution of the N Hospital, which is the cause of mental illness under the name of Defendant B, and operated the N Hospital by changing the name of the N Hospital to the name of the "L hospital" around June 10, 2010, with 299 beds and medical devices from that time to October 2015, Defendant A operated the “N Hospital” by employing doctors, nurses, etc. including doctors, etc.

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 Medical Service Act on the Aggravated Punishment, etc. of Specific Economic Crimes has employed his/her doctor to perform medical practice, he/she shall not claim expenses for medical care benefits under the National Health Insurance Act;

Nevertheless, the Defendants established a medical institution under the name of the Defendant B, which is the father and a medical specialist, as described in the above paragraph 1, and the overall name of the Defendant A hospital.