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(영문) 대구지방법원 2013.07.12 2012고단8860
의료법위반
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by a fine of ten million won.

Defendant

B The above fine.

Reasons

Criminal facts

No person, other than medical persons, such as doctors, shall establish medical institutions, such as convalescent hospitals.

1. The Defendants’ co-principal

A. On December 13, 2007, from September 30, 2008 to September 30, 2008, Defendant A had facilities such as the hospitalization room, clinical pathology room, physical therapy room, radiation department, skin management treatment room, sexual surgery surgery room, medicine room, etc., and all kinds of medical equipment in the 1st underground floor and the 9th underground floor located in Seo-gu, Daegu-gu, Daegu-gu, and opened the I Hospital under their joint names with Defendant B and G, who are doctors on the condition of monthly salary. Defendant B, along with the above hospital, provided medical treatments to the patients at the above hospital.

Accordingly, the Defendants conspired with G, and established a medical institution even if the Defendant A was not a medical personnel.

B. Defendant A committed the crime with J from October 1, 2008 to November 30, 2009 with the said I Hospital equipped with the above facilities, equipment, etc., and employed Defendant B and J as a condition of monthly salary, and opened the said hospital under their joint names. Defendant B and the said hospital provided medical treatment to the patients at the said hospital.

Accordingly, the Defendants conspired with J, and established a medical institution even if Defendant A is not a medical personnel.

2. Defendant A’s crime;

A. From December 1, 2009 to February 28, 201, the Defendant: (a) provided the said I Hospital with the aforementioned facilities, equipment, etc.; (b) provided employment of J as a condition of monthly salary; and (c) established the said hospital under the sole name of the J; and (d) the J provided the said hospital with medical treatment against the patient at the said hospital.

Accordingly, the Defendant, in collusion with J, established a medical institution even if it is not a medical person as above.

B. From March 1, 2011 to August 14, 2012, the Defendant committed the instant I Hospital with the said I Hospital equipped with the said facilities, equipment, etc., and employed K as a doctor on the condition of monthly salary, and operated the said hospital under the sole name of K solely.

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