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(영문) 서울중앙지방법원 2017.12.07 2017고단4647
의료법위반등
Text

Defendant

A, B, and C shall be punished by imprisonment with prison labor for two years and by imprisonment with prison labor for four months.

except that from the date of this judgment.

Reasons

Punishment of the crime

[Defendant B] On December 3, 2015, Defendant B was sentenced to a suspended sentence of ten-month imprisonment with prison labor for embezzlement at the Seoul Central District Court, which became final and conclusive on December 11, 2015, and is still under suspended sentence.

[Criminal Facts]

1. Joint crimes committed by Defendant A, B, and C;

(a) Violation of the Medical Service Act: No person, other than a doctor, herb doctor, dentist, assistance in child delivery, or medical corporation, may establish a medical institution;

Defendant

B An investment of KRW 38,00,000 and KRW 1,40,000,000 from a O, which is a 38,000,000 won of its own capital, is responsible for the overall establishment of Hanwon by employing Hanwon as a private person Defendant C. Defendant A invested KRW 69,30,000 and contributed KRW 69,30,000,000, and is responsible for the overall administration of Hanwonwon, fund management, and patient attraction, and Defendant C conspired to receive monthly wage of KRW 8,00,000,00.

On August 5, 2013, the Defendants: (a) opened Defendant C in Gwanak-gu, Seoul Special Metropolitan City and reported the establishment of Defendant C under the name of Q Hanwon; and (b) operated the said Council members until February 10, 2017.

Accordingly, the Defendants conspired to establish a medical institution by non-medical personnel.

(b) No medical institution may claim medical care benefits costs under the National Health Insurance Act, unless it is legally established pursuant to the Medical Service Act by deceitation of medical care costs for victims.

As above, the Defendants conspired to establish and operate the above “1-A” date, time, and place, as mentioned above, and submitted a medical care benefit statement to the Health Insurance Review and Evaluation Institute to review the patient. Upon receipt of the notice of the results of the examination, the Defendants believed that the above member was legally established under the Medical Service Act, and reincilate the attached list of crimes (1) from August 201 to February 2017 from the victim’s National Health Insurance Corporation to February 2017.

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