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(영문) 서울북부지방법원 2018.01.24 2017고단4490
의료법위반등
Text

Defendants shall be punished by imprisonment for one year.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. He/she shall not establish a medical institution, other than a doctor, dentist, midwife, State or local government, medical corporation, or non-profit corporation established under the Civil Act or any special Act (hereinafter referred to as "doctor, etc.");

Nevertheless, the Defendants, who are not doctors, established the Seongbuk-gu Seoul Metropolitan Government D and the second floor “E dental appliances” in order to take over and operate the dental technicians, and registered Defendant A as the president of the Cooperative. On April 23, 2012, Defendant A received the above E dental appliances on or around June 11, 2012, and established and operated a medical institution called “G dental clinic” with one doctor and three nurses employed.

2. In case where a person who is disqualified as a founder of a medical institution has employed a dentist to perform medical practice in violation of the Medical Service Act, he may not request the National Health Insurance Act to pay medical care benefits;

Nevertheless, on September 5, 2012, the Defendants filed a claim for medical care benefit costs with the National Health Insurance Corporation, as the medical institution duly established under the Medical Service Act, as the patients were treated.

However, the fact is that the F Medical Consumer Cooperatives was formed by the Defendants to substantially operate dental services as stated in paragraph 1, and therefore, the medical institutions established under such a name were medical institutions in violation of the Medical Service Act.

Nevertheless, the Defendants: (a) deceiving the Victim Corporation; (b) received care benefit costs of KRW 2,098,210 from the Victim Corporation on September 27, 2012; and (c) from that time, up to July 25, 2017, the Defendants were paid KRW 356,531.

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