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(영문) 대구지방법원 서부지원 2015.09.17 2015고합83
의료법위반등
Text

Defendant

A and B Imprisonment for one year and six months, and each of the defendants C shall be punished by a fine of 3,00,000 won.

except that this judgment.

Reasons

Punishment of the crime

1. Joint criminal conduct by Defendant A and B;

(a) No person who violates the Medical Service Act may establish a medical institution, other than a doctor, herb doctor, dentist, midwife, State or local government, medical corporation, non-profit corporation established pursuant to the Civil Act or any special Act, quasi-government institution established pursuant to the Act on the Management of Public Institutions, local medical center established pursuant to the Act on the Establishment and Operation of Local Medical Centers, or the Korea Veterans Welfare and Healthcare Corporation established pursuant to the Korea Veterans Welfare and Healthcare Corporation, etc.

While the Defendants found the method of opening and operating a medical institution even though they are disqualified for doctors, they formally establish and operate a medical institution as the representative of the consumer cooperative, by establishing and operating a medical institution as the actual representative of the consumer cooperative, and by obtaining signatures and seals on the written consent for establishment through the Defendants’ family members, the Defendants raised members of the cooperative. The funds necessary for the establishment of the cooperative shall be appropriated from the loans provided by Defendant A to satisfy the conditions for authorization for establishment of the cooperative under the Enforcement Decree of the Consumer Cooperatives Act (the total amount of at least 300 persons consenting to establishment and at least 30,000,000 won). The Defendants formed the “C” as a non-profit corporation. Although most of the investments were paid out by Defendant A with the loans made by Defendant A, they obtained the authorization for establishment by pretending each member to consent to the establishment of the cooperative, the Defendants established an affiliated medical institution and gathered to operate it as the hospital in fact owned by the Defendants.

The Defendants did not have received contributions from the members E, F, G, H, I, and J, including Defendant B. However, from September 2008 to March 2009, Defendant B was 5 million won, K was 1.840,000 won, E was 5 million won, 5 million won, 2.350,000 won, 2.650,000 won, and G was 2.650,000 won.

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