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(영문) 대구지방법원 상주지원 2016.01.19 2015고단297
사기등
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 1.5 million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A

A. While the Defendant in violation of the Medical Service Act found a method to establish and operate a medical institution despite being disqualified, the Defendant established a consumer life cooperative formally using the fact that the law of the consumer life cooperative applies in preference to the Medical Service Act, and then recruited its members by establishing and operating a medical institution as its representative, and by obtaining signatures and seals on the written consent of the establishment through its branch members. The Defendant’s contribution at the cost of the Defendant’s establishment and authorization of the cooperative under the Enforcement Decree of the above Act (the total amount of at least 300 persons who consented to the establishment and payment of at least 30 million won and the total amount of investments paid at least 30 million won), recruited its members with false subscription, and paid its total amount of contribution, and received the most authorization as if each member agreed to establish the medical life cooperative by paying its contribution to each of the members on the document, and was willing to establish an affiliated medical institution and operate it as a hospital owned by Defendant 1 as its representative (the title hospital).

On August 21, 2013, the Defendant: (a) employed a medical doctor, one nurse, three nurses, etc.; (b) provided a clinic and other facilities related to medical treatment; and (c) on October 21, 2013, the Defendant reported the establishment of a medical institution with the trade name “D Consumer Cooperative F Dental” in the Gyeongbuk-do using the name of D Consumer Living Cooperatives.

Accordingly, the Defendant, who is not a doctor, established a medical institution.

(b) No medical institution, other than those established pursuant to the Medical Service Act, may claim expenses for medical care benefits under the National Health Insurance Act;

Nevertheless, from November 2013 to September 2014, the Defendant submitted to the Health Insurance Review Evaluation Institute a medical care allowance statement to the effect that he/she provided medical treatment to a patient by a doctor who belongs to the above cooperative.

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