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(영문) 전주지방법원 군산지원 2014.01.07 2013고단796
의료법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 to 18 shall be confiscated.

Reasons

Punishment of the crime

No person, other than a medical doctor, dentist, dentist, midwife, State, local government, medical corporation, non-profit corporation or quasi-governmental institution (hereinafter referred to as "medical doctor, etc.") under the Civil Act, shall establish a medical institution.

1. While the Defendant was found in a way to establish and operate a medical institution despite the fact that he/she was disqualified for doctors, the Defendant had found the method to establish and operate a medical institution by using the fact that the Consumer Cooperatives Act (hereinafter “Consumer Cooperatives Act”) applies in preference to the Medical Service Act in the form of a formally, to establish and operate a consumer cooperative, and to recruit its members by acquiring signatures and seals on the written consent for the establishment through the branch. The amount of money is to be paid by the Defendant at his/her own expense by establishing the Cmedical Consumer Cooperatives (hereinafter “CMedical Consumer Cooperatives”) which is a non-profit corporation to satisfy the conditions for the establishment and authorization of the cooperative prescribed by the Enforcement Decree of the CMedical Consumer Cooperatives Act (hereinafter “C Medical Consumer Cooperatives”) (hereinafter “CMedical Consumer Cooperatives”) and to attract false members by using the said conditions as to the establishment and authorization of the cooperative (300 persons who consented to the establishment of more than 30 million won and the total amount of money paid to each member in the document, and then, the Plaintiff established the most affiliated medical institution and operated the Medical Cooperative as name.

Around December 8, 2011, the Defendant established a hospital at the private economic department and office of the Governor of Jeollabuk-do, which is located in 225, 225, the Jeonsan-gu, Seoul Special Self-Governing Province. Although the Defendant paid 320,000 won to 320 members of the cooperative, the Defendant prepared a false application for the authorization of establishment of a consumer cooperative, as if the members of the cooperative were to contribute to the establishment of a Cmedical Cooperation.

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