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(영문) 서울남부지방법원 2017.12.08 2017고합349
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment for three years, Defendant B’s imprisonment for two years and six months, Defendant C’s imprisonment for eight months and Defendant D’s fine for three years.

Reasons

Punishment of the crime

The charges were appropriately revised.

Defendant G was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution on January 23, 2015, on July 17, 2015, on "2017 Gohap 371, 2017 Gohap 379, 2017 Gohap 413, 2017 Gohap 413 Gohap [criminal records] Defendant G was sentenced to 10 months of suspended execution and 2 years of imprisonment with prison labor on July 17, 2015.

[Presumption Facts] Defendant E (hereinafter “Defendant Association”) is a corporation established for the establishment and operation of medical institutions for missionary work at home and abroad, and Defendant A is the chief executive officer of Defendant Association.

[Criminal facts]

1. Crimes involving M Council members;

(a) No person, other than a medical doctor, dentist, herb doctor, midwife, State or local government, non-profit corporation established under the Civil Act or any special Act, quasi-government institution established under the Act on the Management of Public Institutions, local medical center under the Act on the Establishment and Operation of Local Medical Center, or the Korea Veterans Welfare and Healthcare Corporation under the Korea Veterans Welfare and Healthcare Corporation Act, may establish a medical institution;

On August 2010, the Defendants were willing to establish a medical institution in the name of the Defendant Association, and Defendant A was willing to lend the name of the Defendant Association, and Defendant B was willing to establish a medical institution in the name of the Defendant Association.

Accordingly, around August 19, 2010, Defendant B reported the establishment of a member of the M Council under the name of the Defendant Association to the Nam-gu Incheon Metropolitan Government Office. From around that time to January 3, 2017, Defendant B provided medical treatment to patients by having medical facilities in the above building and employing medical doctors, nurses, etc. as employees.

Accordingly, the Defendants conspired to establish a medical institution without being entitled to establish a medical institution.

2) On August 2010, the Defendants violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) were to have illegally established a medical institution, such as the above-mentioned 1).

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