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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
1. The Defendant and C of the violation of the Medical Service Act conspired to establish a hospital by investing the hospital amounting to KRW 20 million in the hospital, despite the fact that the Defendant and C of the violation of the Medical Service Act are not medical personnel but not medical personnel.
Therefore, around March 23, 2009, the Defendant and C conspiredd with each other to establish a medical institution in the trade name, and to employ E as a supply fee of eight million won per month, and had the same person conduct medical treatment for the purpose of profit-making.
2. Single criminal conduct and violation of the Medical Service Act;
A. On July 8, 2009, the Defendant, who is not a medical person, was unable to establish a medical institution. However, on the second floor of the 2nd floor of the G Building in Bupyeong-gu Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City, equipped with hospital rooms, physical therapy rooms, and various medical equipment, and thereafter, established a medical institution under the name of an oriental medicine doctor H, and employed H as a salary of KRW 8 million per month, and had the patient conduct medical treatment against the patient who found the place for profit.
B. The Defendant, a non-medical person, was unable to establish a medical institution. On November 2009, at the 3, 4th floor of the building in Seocheon-gu, Seocheon-gu, Seocheon-si, with hospital rooms, physical therapy rooms, and various medical equipment, the Defendant: (a) opened a medical institution under the name of K of an oriental medical doctor; (b) employed K as a salary of KRW 7 million per month; and (c) had the said person conduct medical treatments against the patients who found the medical institution for profit.
3. Joint-crimes with M, etc., the accused and C are directors of the above F F Council, and M is the actual operator, and M is the chief of the above F Council, and patients who are not recognized as the need for hospitalization in order to increase the hospital’s revenues are also guaranteed free access to the hospital or neglect the management of hospitalization.