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(영문) 인천지방법원 2015.06.11 2014고단5145
의료법위반
Text

Defendant

A Imprisonment with prison labor for eight months, for six months, for each of six months.

However, from the date this judgment becomes final and conclusive, each.

Reasons

Punishment of the crime

Defendant

A and Defendant C are private restraints; Defendant A is the owner of the fourth floor building on the F of Seocho-gu Seoul Metropolitan Government, Defendant C is the person who manages the building in accordance with the direction of Defendant A, and Defendant B is the doctor.

No person, other than medical personnel, such as a medical doctor, dentist, herb doctor or midwife, may establish a medical institution.

Defendant

On the ground that the above building 3 and 4 had hospital facilities in the name of the defendant A, the defendant A and the defendant C conspiredd with the defendant C to take charge of the overall operation of the hospital, such as the provision of hospital facilities, the supplementation and management of human resources, the fund raising, and the defendant B to take charge of medical treatment.

Defendant

A around April 2013, in the above building, Defendant C entered into a business investment agreement with Defendant C on the content that “A shall provide the foregoing building lease, the interior and equipment of the hospital building, medical equipment deemed necessary for the operation of the council members, all expenses related to the council members, etc., and the profits between A and B shall be divided by 1/2.” Defendant C shall manage and operate the above hospital upon delegation by Defendant A. Defendant C shall manage and operate the above hospital. Defendant B reported to Seocho-gu Office on May 6, 2013 the establishment of G council members on the 3 and 4th floor of the above building and reported to Defendant B to establish a general council members on the 3 and 4th floor of the above building, and thereafter, the above year from the time when it was reported to the Seocho-gu Office on May 6

8. The above hospital was operated until August 8.

Accordingly, the Defendants conspired to establish a medical institution by non-medical persons.

Summary of Evidence

1. Each legal statement of the defendant A and C

1. Each legal statement of witness B, A, and C;

1. The Defendants’ partial statements concerning the interrogation protocol of the prosecution concerning the Defendants

1. Protocol of partial prosecutorial statement concerning Defendant C;

1. Briefs, such as a written statement (excluding a written statement A);

1. Written complaint;

1. Briefs, such as a report certificate on establishment of medical institution;

1. Each investigation report (a copy of the register, a document submitted by the suspect).

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