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(영문) 수원지방법원 안산지원 2018.10.10 2018고단2302
의료법위반등
Text

Defendant

A is sentenced to 10 months of imprisonment and 10 months of imprisonment with prison labor for a violation of the Medical Service Act in the judgment of Defendant B.

Reasons

Punishment of the crime

[criminal history] On September 26, 2013, Defendant A was sentenced by the Seoul Central District Court to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and a violation of the Narcotics Control Act (a violation of the Act), and completed the execution of the sentence on March 20, 2015. Defendant B was sentenced to imprisonment on March 20, 2015 at the Jinju Prison. Defendant B was sentenced to a violation of the Medical Service Act, a violation of the suspension of execution of imprisonment on July 20, 2016, and the judgment became final and conclusive on February 2, 2017.

[Criminal facts]

1. Joint crimes committed by Defendant C and D

(a) No person, other than doctors who violate the Medical Service Act, medical corporations, the State, local governments, or nonprofit corporations, may establish medical institutions;

Defendant

C bears the burden of building rents and facility costs on the F and the fourth floor of Si interest city, and the report on the establishment of the medical institution under the name of Defendant D is made to work as the head of the original department, and the operation and management of the medical institution is entrusted, and the Defendant D was offered to operate the medical institution by receiving the benefit of KRW 10 million per month and by inviting the medical institution to be in charge of patient treatment.

According to the above conspiracy, the Defendants: (a) installed a medical institution in the above place on March 10, 2015; (b) reported the establishment of a medical institution under the name of “G Hanwon” to the competent authority in the name of Defendant D; and (c) operated the said clinic by not later than December 2015.

As a result, the Defendants established a medical institution even if they were not in collusion with doctors.

(b) Where a person who is not eligible to establish a medical institution in violation of the Medical Service Act has employed a medical doctor to perform medical practice, he/she may not claim expenses for medical care benefits under the National Health Insurance Act;

The Defendants filed a claim for medical care benefit costs as if one of the above members was a medical institution legally established in the National Health Insurance Corporation while operating the above G G Institute from March 10, 2015 to December 9, 2015, and trust such costs to the victim with the truth.

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