Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

No medical institution may be established unless a doctor, etc. is a doctor, and even if a doctor is a doctor, no medical institution may be established jointly with a person who is not a doctor

Nevertheless, E, a medical doctor, has provided medical treatment to patients and filed a report on the establishment of a medical institution under his/her own name, and the Defendant conspireded to take charge of the overall operation of the hospital, such as revenues and expenditures of the hospital, and opened a medical institution in the first city from November 24, 2008 to May 17, 2010.

Summary of Evidence

1. Part of the legal statement of E;

1. Part of the prosecutor's protocol of examination of the defendant

1. Part of the interrogation protocol of prosecution E concerning E;

1. Part of the prosecutor's statement concerning G;

1. An investigation report (report on the H currency of a witness);

1. Application of Acts and subordinate statutes on corporate passbook transactions;

1. Article 87 (1) 2 and Article 33 (2) of the Medical Service Act, Article 30 of the Criminal Act, the selection of fines, and the selection of fines for criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the key issue of Article 334(1) of the Criminal Procedure Act of the provisional payment order

1. The defendant and his defense counsel asserted that the defendant did not establish a medical institution jointly with E, and the defendant merely worked at the hospital established by E as workers and received certain piece rates from wages.

2. Determination:

A. Article 33(2) of the Medical Service Act provides for the qualification requirements of the founder of a medical institution for the purpose of protecting and improving the health of the people based on the proper treatment of medical treatment, and Article 87(1) of the same Act provides that a person who violated the above requirements shall be punished

The legislative intent of the above provision is to prevent in advance the risks of national health that may occur when establishing a medical institution for the purpose of establishing a sound medical order and profit-making by strictly restricting the qualification for the establishment of a medical institution to a medical person with medical expertise or a person with a public character.