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(영문) 창원지방법원 2017.11.24 2017고단3252
보건범죄단속에관한특별조치법위반(부정의료업자)등
Text

Defendant

A Imprisonment with prison labor of one year and six months and fine of five million won, Defendant B's imprisonment with prison labor of one year and one million won, and Defendant B.

Reasons

Criminal facts

1. No person other than medical persons may establish a medical institution;

Defendant

C A, who is a doctor, employed Defendant A and a private person in charge of nursing and care services, will practically operate “G Council member” from “G Council member” from “G Council member” from the Kimhae-si, on May 23, 2016, Defendant A reported the establishment of “G Council member” to the “G Council member” at the “G Council member,” Defendant C provided medical treatment to patients who wished to be “G Council member,” and Defendant B provided various treatment measures under the direction of Defendant C, and prepared a register of medical treatment and claimed medical care benefits.

As a result, Defendants conspired to establish a medical institution from May 23, 2016 to August 16, 2017 by non-medical personnel.

2. No person other than a medical institution established under the Medical Service Act for fraud, may claim medical benefits under the National Health Insurance Act, or medical benefits under the Medical Care Benefits Act;

The Defendants submitted to the Health Insurance Review Evaluation Institute a detailed statement of medical care benefits and medical care expenses to review patients even though they are not medical institutions established pursuant to the Medical Service Act. Upon receipt of notice of the result of the review, the Defendants were issued KRW 139,439,50 in total as medical care benefits from August 4, 2016 to August 14, 2017, and KRW 11,014,960 in the name of medical care benefits from August 16, 2016 to August 16, 2017.

Accordingly, the Defendants conspired to receive property from the injured party.

3. On May 23, 2016, Defendants in violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Business Operators) directly treat patients who were not doctors, and Defendant C, upon receiving instructions from Defendant C, directly treats patients who were in charge of “G Council members.” Defendant B, upon receiving instructions from Defendant C, provided various treatment measures, and prepared a medical record book, and Defendant A allowed Defendant A to prepare a medical record book or prescription book under his/her name.

. As such,

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