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(영문) 부산지방법원 동부지원 2017.01.20 2016고합156
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A shall be punished by imprisonment of one year and six months, by imprisonment of two years and six months, and by a fine of 700,000 won.

Reasons

Punishment of the crime

1. Defendant B

A. Violation of the Medical Service Act (the operation of a general term “office hospital”) by the Defendant is a person working as the head of the office in the National Assembly established by the Social Welfare Foundation M in the third floor of the Nam-gu Busan Metropolitan City from around 2002 to around 2007, and A is the father of the Defendant who served as the public official in Busan City from around 1998.

In around 2007, the Defendant, along with A, closed the business of the above Nwon and oneO located in the same building, acquired the facilities and equipment of the two hospitals, and thought that they would operate them as the Defendant and the A-owned hospital (hereinafter referred to as the “Office Hospital”).

The Defendant, together with A, stated in the facts charged in 2007 as “as of September 2007,” but according to the evidence, the Defendant may recognize the fact that he submitted an application for authorization to establish a medical consumer cooperative to Busan Metropolitan City on August 21, 2007. Thus, the Defendant will modify it ex officio.

While there was a method to establish and operate a medical institution without being qualified as a doctor, the consumer life cooperative established a consumer life cooperative by borrowing or stealing the name of another person with priority over the Medical Service Act, and in substance, he/she conspired to do the most formally, even though he/she established and operated the medical institution.

The defendant stated in the facts charged on August 21, 2007 as " around September 5, 2007," but decided to change ex officio like the above 1).

In Busan City's Federal Economic Policy and Office, the defendant paid the total amount of 31.5 million won to union members, and the defendant made a written consent for the establishment of his name on the ground of 312 union members borrowed or stolen name, as well as the resolution of the inaugural general meeting composed of not less than 30 union members.

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