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(영문) 서울동부지방법원 2013.09.12 2013고단668
의료법위반등
Text

Defendant

A Imprisonment of 8 months, Defendant B’s imprisonment of 6 months, Defendant C and D’s fine of 2 million won, and Defendant E.

Reasons

Punishment of the crime

1. No person, other than those prescribed by Acts, such as a medical doctor, dentist, herb doctor, midwife, etc., may establish a medical institution;

Nevertheless, around March 2010, the Defendants established K Hospital on the first floor and the first floor of the building located under the name of the husband of Defendant B located in Songpa-gu Seoul, and Defendant A was in charge of the overall operation of the hospital, including employment of employees, and Defendant B conspired with the director in charge of managing the revenue and expenditure of the hospital according to the direction of Defendant A while working in the senior director in charge of the management of the hospital. Defendant B carried out medical devices such as radiation generating devices for diagnosis around that time. From April 6, 2010 to June 3, 2010, the Defendants employed the doctor C on a condition that the amount of KRW 12,000,000 should be deducted from April 6, 2010 to June 3, 2010, and operated the hospital under the name of the medical institution by preparing a lease contract and filing a report on the establishment of the medical institution. From June 10 to December 23, 2010 to December 23, 2010>

2. Defendant C was unable to establish a medical institution at the above K Hospital from April 6, 2010 to June 3, 2010, and provided medical treatment, such as treating patients of the above hospital by being employed by the said K Hospital as above.

3. Defendant D provided medical treatment, such as treating the patients of the above hospital, by being employed by the foregoing to the above A, etc., who cannot establish a medical institution at the above K Hospital from June 10, 2010 to December 23, 2010.

4. Defendant A’s sole criminal conduct, around August 20, 2010, on the grounds that Defendant A’s work for the branch office of the National Health Insurance Corporation Song branch office of the Korea Health Insurance Corporation (Seoul branch office of the Korea Health Insurance Corporation) visited the above hospital and received medical treatment, Defendant A did not receive KRW 4,100 of the medical expenses from among the medical expenses, on the grounds that he/she could receive any help in the future.

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