Defendant

A Imprisonment for one year, and Defendant B shall be punished by imprisonment for six months and fine for negligence of 3,00,000 won.

However, the defendant B.

Punishment of the crime

Defendant

A is the actual operator of F Hospital in Seocho-si E, and Defendant B is a doctor who is employed by Defendant A and works as the president of the above hospital.

1. Defendant A’s doctor or medical corporation, the State or a local government, or non-profit corporation may not establish a medical institution. Notwithstanding that the Defendant is not a medical person, the Defendant established and operated a hospital under the name of a medical person; on September 16, 2010, leased a building E in Seopo-si with a deposit of KRW 50 million; on September 16, 2010, 14 hospitalized rooms; 76 patient beds; and 76 patient rooms; and 8 million won per month to Defendant B, who is a doctor, established a hospital in the name of “F Hospital” in the name of “B” in the name of “B” and had B conduct medical treatment for patients suffering from that place until February 2013; thus, the Defendant was not a medical person in collusion with B, thereby establishing a medical institution.

2. Although Defendant B, as a doctor, was employed by a person who is not eligible to establish a medical institution and was unable to perform medical practice, he/she did not perform medical practice. However, around September 16, 2010, Defendant B, in collusion with Defendant A, who is not a medical personnel, opened a “F hospital” in the name of the Defendant. Defendant B performed medical practice under employment with A from around that time to February

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement to G, H, I, J, and K;

1. Application of Acts and subordinate statutes to accusation, copy of a certificate of permission for opening a medical institution, lease contract;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 87(1)2 and 33(2) of the Medical Service Act, Article 30 of the Criminal Act

B. Defendant B: Articles 87(1)2 and 33(2) of the Medical Service Act; Article 30 of the Criminal Act; Article 90 of the Medical Service Act (Medical Practice for Defendants). Determination of imprisonment for a violation of the Medical Service Act by establishing an unqualified medical institution

1. Aggravation of concurrent crimes (Defendant B): the former part of Article 37 and Article 38 of the Criminal Act;