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Defendant
A and Defendant B shall be punished by imprisonment with prison labor for four years and by imprisonment with prison labor for one year.
However, Defendant C.
Reasons
Punishment of the crime
"2015 Gohap 170"
1. No person may establish a medical institution unless he/she is a doctor (referring to a doctor, herb doctor, dentist, assistance in child delivery, the State, a local government, a medical corporation, a nonprofit corporation, a quasi-governmental institution under the Civil Act and special Acts, or a quasi-governmental institution (hereinafter referred to as "doctor, etc.")
Defendant
A and Defendant C are those holding 50% shares in each of the above 6th and upper 1st and upper 1st and upper 1st and lower 50% shares in the building in Seo-gu, Incheon. After establishing hospital facilities, such as hospital rooms and clinics in the above building, a doctor is employed to establish a hospital in the name of the doctor and operate the hospital jointly, and the doctor is to pay monthly wages to the doctor and divide the profits therefrom. Defendant A’s children, as the chief secretary, decided to take charge of substantial operation of the hospital, such as financial management and fund execution of the above hospital.
A. On January 3, 2008, the Defendants established a medical institution by having the hospitalization room, treatment room, physical therapy room, rest room, restaurant, etc. in the above building, and having the medical facilities installed under the name of K, which is a doctor, with the opening report of the Lcare hospital (hereinafter “instant hospital”), and operated the said hospital until December 20, 2010.
Accordingly, the Defendants established a medical institution in collusion with K even if they were not medical doctors.
B. On December 21, 2010, the Defendants established a medical institution by having the hospitalization room, examination and treatment room, physical therapy room, rest room, restaurant, etc. in the above building and having the establishment of a Nvalescent Hospital in the name of M as a doctor, and operated the said hospital until April 1, 201.
Accordingly, the Defendants established a medical institution in collusion with M even if they were not medical doctors.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud by Defendant A and Defendant B) (joint crime by Defendant A and Defendant B) is a doctor from June 12, 2007 to January 2, 2008, even if the intention is not expressed.