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(영문) 서울북부지방법원 2020.05.13 2019고단5378
의료법위반등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person operating the “C” in Dongdaemun-gu Seoul Metropolitan Government building B.

No person shall establish a medical institution unless he/she is a medical doctor, dentist, herb doctor, midwife, State or local government, corporation established for the purpose of medical service, non-profit corporation established pursuant to the Civil Act or special Acts, quasi-government institution established pursuant to the Act on the Management of Public Institutions, local medical center established pursuant to the Act on the Establishment and Operation of Local Medical Centers, or the Korea Veterans Welfare and Healthcare Corporation established under the Korea Veterans Welfare and Healthcare Corporation Act (hereinafter referred to as "medical doctor, etc."), and where a person who is not a founder of a medical institution, in violation of the Medical Service Act,

Nevertheless, even if the Defendant is not an oriental medical doctor, he is able to employ a oriental medical doctor and establish and operate a herb doctor, and the Defendant provided funds necessary for the operation of rent and oriental medical clinic, which is an oriental medical doctor, and paid monthly salary to the above oriental medical doctor, and recruited half of the amount paid as medical care benefits.

1. Joint offenses with E;

A. On January 31, 2013, the Defendant in violation of the Medical Service Act leased and provided the above place under the name of E in accordance with the foregoing public offering, while taking charge of the management of revenue and expenditure of the above Institute, purchasing medical appliances and materials, hiring and management of employees, and paying wages to employees. E, upon receiving KRW 3,500,000 per month from the Defendant, decided to receive benefits from the Defendant and operated a medical institution by January 28, 2013, by reporting the establishment of a medical institution under the name of “Dd Council member (Medical Care H)” at the above place until January 31, 2018.

B. The Defendant, based on the above public offering, leased and provided the above place under E in the name of the firstman on May 2008, pursuant to the above public offering.

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