Text
Defendant
A Imprisonment for four years, Defendant B and C shall be punished by imprisonment for two years and six months, respectively.
However, as to Defendant B, the same shall apply.
Reasons
Punishment of the crime
(2015 Gohap 158)
1. No person who violates the Medical Service Act may establish a medical institution, other than a doctor, dentist, midwifery, the State, a local government, a medical corporation, a non-profit corporation, a quasi-governmental institution under the Civil Act, or a quasi-governmental institution (hereinafter referred to as "doctor, etc.");
around August 2011, Defendant A should create a medical corporation in order to conduct hospital business to Defendant B at the house of Defendant B located at P in Pakistan-si.
When a medical institution is established and operated in a convalescent hospital, the Insurance Corporation shall provide a subsidy of approximately KRW 1.5 million for each patient to the patient, and where patients are provided with patient care by installing 180 beds, the sales of approximately KRW 400,000 shall be guaranteed.
1.0 billion won of investment will be directly the president of the medical corporation, and the medical corporation will operate the hospital to create the sales of KRW 400 million per month, and shall pay all the investments with the profits.
It is expected that the proceeds will be divided into 50:50 after the repayment of investment money.
“The proposal was made.”
Defendant
B consented and agreed to the same purpose, Defendant B invested KRW 1 billion after concluding an agreement.
around October 2012, Defendant A, C, and I will guarantee the amount of KRW 500 million by operating the hospital if they make an investment of KRW 200 million.
The phrase “an investment of KRW 200 million,” and the J, “in the event of making an investment in money, will guarantee 18% annual profits by operating the hospital.”
The term "the investment of KRW 150,000 is made by means of investment," and the K will guarantee the profits of KRW 180,000 per annum by operating the hospital if it makes an investment in money.
“The investment of KRW 600 million was made”.
On November 8, 2012, the Defendants, without holding a competition for the promoters for establishment of a medical corporation, registered the name from I, L, M, and N as the type chief director, auditor, director, etc. of a legal entity, and established the “Medical Center O Medical Foundation”. On February 6, 2013, the Defendants established Q convalescent Hospital in the name of the said foundation in P P around P on the same date.
Accordingly, the defendants are not in collusion with doctors, etc. but in form a non-profit medical corporation.