"Is It Allowed to Open a Clinic in the Same Building?"... Doctor Who Committed Fraud Against Other Doctors

“Deposit can be taken multiple times from the same medical institution”
Court: “Victims suffer significant losses due to legal disputes”

A doctor who committed fraud by embezzling a lease deposit from another doctor intending to open a dental clinic in an office he owned was sentenced to a suspended prison term.

Mr. Somo (62) signed a contract in 2004 for an office on the 5th floor of a building in Gwangju, Gyeonggi-do, claiming he would open an ophthalmology clinic. The building housed several clinics and hospitals, and to prevent overlapping medical departments, the sales company and the buyers agreed on designated medical specialties in the contract. Therefore, it was a breach of contract for a clinic of a different specialty other than ophthalmology to occupy the office Mr. Somo contracted.

Later, in January 2018, Mr. A, who intended to open a dental clinic, saw a dental clinic operating on the 2nd floor of the building and asked, "There is already a dental clinic in the same building; can I also open a dental clinic?" Mr. Somo replied, "Multiple businesses of the same type can operate in the shopping center," and added, "My husband is a lawyer, so all legal reviews have been done; you can open your clinic with confidence."

The photo is not directly related to the article content. [Image source=Pixabay]

Trusting Mr. Somo's words, Mr. A paid a lease deposit of 50 million won and opened the dental clinic. Then, the dental clinic operator already in the building filed an injunction to prohibit Mr. A from operating, and the court accepted it in May 2018.

Mr. Somo was indicted on fraud charges, and according to the legal community on the 3rd, Judge Yoon Yang-ji of the Criminal Division 10 at the Seoul Western District Court sentenced Mr. Somo to six months in prison with a two-year suspension.

The court stated the sentencing reasons, saying, "Due to legal disputes among stakeholders after the lease contract was signed, the victim suffered considerable economic losses," but "considering that Mr. Somo returned the lease deposit to Mr. A and that he is a first-time offender with no prior criminal record."

This content was produced with the assistance of AI translation services.