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(영문) 인천지방법원 부천지원 2017.08.25 2016고합136
의료법위반등
Text

Defendant

A Imprisonment for two years, each of the defendants B, C, and E shall be punished by imprisonment for one year and six months.

However, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A The actual operator of the K Medical Consumer Community Cooperatives (hereinafter referred to as the "K Medical Consumer Cooperatives"), Defendant B is the president of the K Life Consultative Council in the name of K, Defendant C is the president of the K Life Consultative Hospital, the head of the K Life Consultative Hospital, the head of the administrative office, and Defendant E is the director of the K Life Consultative Council.

1. No person who violates the Medical Service Act may establish a medical institution, not including a doctor, herb doctor, dentist, assistance in child delivery, the State, a local government, a medical corporation, a nonprofit corporation or quasi-governmental institution under the Civil Act;

Defendant

A purchased the building of the Won-si L and the second floor L and the second floor but it is not well rent out, and the expenses for the establishment and dissolution of K living consultation, the cost for the construction of the hospital, the wages for the officers and employees of the hospital, and the provision of the building to the place for the operation of the hospital. Defendant B participated in the establishment of the association in the name of K living consultation, and Defendant C was in charge of the overall operation of the hospital as the head of K Life Consultation Headquarters and the head of the administrative office, and Defendant E was willing to establish the "office-general hospital" in the form of a living cooperative at the same time while managing the recruitment of union members and the investment of the association.

On July 3, 2014, the Defendants conspired to establish K Life Collaboration. On October 1, 2014, around the second floor, the Defendants employed doctor M, N,O, P, etc., nurses, medical technicians, etc., and provided medical treatment rooms, physical treatment rooms, etc. on the second floor, and reported the establishment of a medical institution to Gyeonggi-do Office as "K Medical and Living Cooperatives" and operated the " Q hospital" from the time of having medical doctors, nurses, etc. treat patients.

Accordingly, the Defendants conspired to establish and operate a medical institution as a person who is not a doctor.

2. A person who violates the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the National Health Insurance Act shall not receive insurance benefits by fraudulent or other illegal means;

Defendant

A, B, C, and E are not doctors but directors as above.

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