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Defendant
A shall be punished by a fine of 12,00,000 won, and a fine of 15,00,000 won, respectively.
Defendant
A and B, respectively.
Reasons
Punishment of the crime
1. around March 2012, Defendant A and I conspired to employ Defendant A, a herb doctor, and to operate one Council member under the name of Defendant A. A. A.
No person other than medical personnel, such as oriental medical doctors in violation of the Medical Service Act, may establish a medical institution.
I, from March 16, 2012 to July 2, 2012, had medical facilities, such as treatment rooms, sugar rooms, water treatment rooms, and 24 rooms in Ansan-si, Ansan-si, J 2, J 2, 3, and 4, and Defendant A, who employed Defendant A at the monthly salary of KRW 8 million per month, and at the same time, established “K Han-gu,” and Defendant A provided medical treatment to an unspecified number of patients during the above period.
(b) Where a person who is disqualified as a founder of a medical institution in violation of the Medical Service Act has employed an oriental medical doctor to perform medical practice, he may not claim medical care benefit costs under the National Health Insurance Act;
Defendant
From March 16, 2012 to July 2, 2012, A and I provided that I employed Defendant A and provided medical treatment to the patient. Following the National Health Insurance Corporation’s claim for medical care benefit costs to the victim, the victim, who believed it to be true, was transferred KRW 26,391,810 in total over three times, as shown in attached Table 1-3 in the name of medical care benefit cost.
Accordingly, Defendant A conspired with I to establish a medical institution by a person other than a medical person, and received the property from the victim.
2. around October 2012, Defendant B and I conspired to employ Defendant B, an oriental medical doctor, and to operate one Council member under the name of Defendant B. A.
No person other than medical personnel, such as oriental medical doctors in violation of the Medical Service Act, may establish a medical institution.
I shall be equipped with medical facilities such as treatment rooms, sugar rooms, and 20 hospitalization rooms from November 1, 2012 to March 29, 2013, Ansan-si L 2, 3, and 4 from Ansan-si, Ansan-si, and shall employ Defendant B at the monthly salary of KRW 8 million every month.