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(영문) 창원지방법원 2018.02.21 2016고합144
의료법위반등
Text

Defendant

A Imprisonment with prison labor for five years, for three years, and for two years, for defendant C, respectively.

except that this judgment.

Reasons

Punishment of the crime

1. Violation of the Medical Service Act: Defendant A and B cannot establish a medical institution other than a doctor, etc. (referring to a doctor, herb doctor, dentist, assistance in child delivery, the State, a local government, a medical corporation, a non-profit corporation under the Civil Act and a special law, a quasi-government agency, etc.). Defendant A, even though they are not a doctor, etc., had a doctor, H, I, J, or Defendant B and a hospital to operate it as a partnership business.

Defendant

On September 206, A established a hospital and a convalescent hospital, and recruited to operate it as a partnership business, and the defendant A agreed to provide the building located in the Gu K in Chang-si, Changwon-si as a collateral object for the hospital building and loan, and C made an investment of KRW 30 million, and KRW 570 million, and KRW 2.770,000,000,000,000,000, in the name of C as security, with a loan of KRW 2.2 billion, and at the same time, to establish and operate the hospital in its own name and to acquire 55% of the shares of the hospital, and to distribute the hospital management and profit in the above share ratio.

Defendant

A, in collusion with C on September 11, 2006, established “L convalescent Hospital” in the name of C, and established and operated a medical institution in the name of “L convalescent Hospital” from July 30, 2007 to the day of July 30, 2007, with medical care rooms, hospitalization rooms, and water treatment rooms, and with the name of “L convalescent Hospital” after employing employees, such as doctor M., and thereafter, Defendant A established and operated a medical institution in collusion with C, a doctor, such as written in the list of crimes in violation of the attached Medical Service Act. From around that time, Defendant A established and operated a medical institution in collusion with Defendant B, who acquired shares from J from June 1, 2009.

2. Medical institutions cannot be established unless they violate the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and medical institutions shall be provided as medical care benefits under the National Health Insurance Act only when medical personnel, etc. establish a medical institution under the Medical Service Act.

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