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(영문) 광주지방법원 2018.04.06 2018고합13
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Criminal facts

The Defendant is a herb doctor working at the “E oriental medical hospital” located in Gwangju Mine-gu from September 2, 2013 to February 15, 2016, and at the “G oriental medical hospital” located in Gwangju Southern-gu, Gwangju, from July 2, 2016 to July 15, 2016.

1. Violation of the Medical Service Act;

(a) Any person who commits the crime of establishing a medical institution by any person other than a doctor, etc. refers to a doctor, dentist, herb doctor, midwife, State or local government, corporation established for the purpose of medical business, nonprofit corporation established under the Civil Act or any special Act, quasi-government institution established under the Act on the Establishment and Operation of Public Institutions, local medical center established under the Act on the Establishment and Operation of Local Medical Center, and the Korea Veterans Welfare and Healthcare Corporation established under the Act

No person other than a person who falls under "medical doctor, etc." (hereinafter referred to as "medical doctor, etc.") may establish a medical institution.

While the Defendant was operating “E oriental medical hospital” in Gwangju-gu D through H and Dong business, the Defendant conspired with I to operate so-called “the so-called “the head of office hospital” while transferring the above hospital to I who is not a person equivalent to his doctor, etc. on August 2015, and being employed by I who is an actual operator of the above hospital, and lending his license to I for the operation of the above hospital upon receiving monthly pay from I.

Therefore, I had the position of “the secretary general” of the above hospital from September 1, 2015 to February 15, 2016. The second floor of the above hospital building of the hospital building of the hospital of the hospital of the hospital of the hospital of the above hospital of the hospital of the hospital of the hospital of the hospital of the hospital of the hospital of the hospital of the hospital of the hospital of the hospital of the hospital of the hospital of the hospital of the hospital of the hospital of the hospital of the hospital of the second floor of the hospital of the hospital of the hospital of the hospital of the hospital of the hospital of the hospital of the 7th to the third floor of the hospital of the hospital of the third to the third to the six floor of the hospital of the hospital of the hospital of the hospital of the hospital, and

Accordingly, the defendant, in collusion with I, established a medical institution in which he is not a doctor, etc.

B. A medical person who commits a false act in the record of medical treatment shall be a record of medical treatment, assistance in child delivery, and nursing record.

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