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(영문) 광주지방법원 2018.01.19 2017고합424
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A and B Imprisonment for three years, Defendant C for two and half years, Defendant D for two years, and Defendant E for two years.

Reasons

Punishment of the crime

1. Joint crimes committed by Defendant A, B, C, and D;

A. On November 2015, Defendants in violation of the Medical Service Act following the establishment of an unqualified medical institution charged KRW 150 million with each of Defendant A and B, Defendant C, and D, respectively, KRW 50 million with the total amount of KRW 400 million. Defendant A, the general secretary, Defendant A, the management of hospital funds and employees, Defendant B, the patient management as the head of the prime secretary, Defendant C, and Defendant D, the head of the administration division, the head of the administration division, the management of hospital facilities and medicine management, and the head of the administration division, and the head of the administration division, the head of the administration division, the head of the administration division, the head of the administration division, and the head of the administration division, agreed to receive KRW 2 to 30 million each month, and the expenses for the establishment of the hospital.

1) The Defendants establishing K Hospital employed a private person F on the condition of paying KRW 12,50,000 per month according to the foregoing public invitation, and established and operated a “K Hospital” in the name of F on November 26, 2015 after employing employees by leasing a building of a hospital in Gwangju North-gu L, with 57 patient beds in size, and employing employees.

Accordingly, the Defendants established a medical institution even if they are not medical personnel.

2) The Defendants established the M Hospital, upon the F’s retirement from the hospital, employed private E on the condition that the F would pay KRW 13 million monthly salary around September 2016, and opened the “M hospital” under the name of E on September 13, 2016 and operated the said hospital by April 28, 2017.

Accordingly, the Defendants established a medical institution even if they are not medical personnel.

(b) A medical institution which is not normally established pursuant to the Medical Service Act in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) due to deception of expenses for medical care benefits, etc. shall not claim medical care benefits

The Defendants established and operated K Hospital and M Hospital from November 26, 2015 to April 28, 2017, and had Korean medicine doctor F, E, etc. treat patients.

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