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(영문) 수원지방법원 2018.11.08 2018고합430
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for three years, for two years, for two years, and for one year and six months, for Defendant C, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

[Status of the Defendants] As a dentist, Defendant A is a dentist who actually establishes and operates three medical institutions, including the “Etype medical clinic” located in the Seongbuk-gu Seoul Metropolitan Government Sub-si District D (hereinafter “E Council member”), “G Jeongm Foreign Medical Center” located in the Geumcheon-gu Seoul Metropolitan Government F (hereinafter “G Council member”), and “Imical Medical Center” located in the Seocho-gu Seoul Metropolitan Government H (hereinafter “I Council member”).

Defendant

B is a person in charge of overall control over the operation of the hospital, such as the execution of funds of the hospital and the management of employees in the three hospitals.

Defendant

C is a medical specialist in the department of anesthesia, and from May 1, 2015, a founder in the name of E Council members.

[Criminal facts]

1. Defendants’ crimes involving E members

A. Defendant A violated the Medical Service Act: (a) a dentist is a dentist; (b) a dentist is able to establish only a dental hospital or dental clinic; (c) a dentist is unable to establish a medical institution under the name of a medical institution by borrowing the name of a doctor; (d) having the patient take care of the patient under the conditions of giving annual salary to Defendant C and J; (c) Defendant C and J have reported the establishment of a hospital in its name; and (d) Defendant B and K have recruited to take charge of the execution of hospital funds and the management of employees.

Accordingly, around May 1, 2015, Defendant C established a hospital with the trade name of “the Institute of Medical Treatment in the Department of Medical Treatment in the Department of Medical Treatment in the Gannam-si L located in Sungnam-si, which is equipped with all of the medical facilities, such as hospital rooms, medical equipment, and fixtures, and the J applied for the change of the name of the medical institution and its representative, jointly with Defendant C on June 10, 2016.

Defendant

A shall comprehensively manage the operation and revenue of the E Council members from May 1, 2015 to April 1, 2018, including the operation and revenue of the E Council members’ facilities, staff, and funds management, and Defendant C and K shall provide medical treatment to patients who received benefits from the Defendant A and found their place, and Defendant B and K shall execute the funds of the hospital.

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