[Legal Column] 'Job Loan Fraud' and Medical License: At the Edge of a Cliff Named 'Custom'

The Full Story of the KRW 130 Billion 'Job Loan' Scandal

The Suseo Police Station has booked 215 doctors and brokers on charges of fraud. They allegedly obtained guarantees from the Korea Credit Guarantee Fund (KODIT) based on falsely inflated bank balances to open private clinics. The loan scale reaches KRW 130 billion. Some reports suggest that some used this money to purchase apartments, raising suspicions that national policy funds were used for real estate speculation in Gangnam.

A Crime Masked as Custom: 'Job Loan'

At the center of the scandal is the so-called 'job loan.' This is a technique where a broker temporarily inflates a doctor's account balance, obtains a state guarantee based on it, and then immediately withdraws the funds. In the field where opening funds are scarce, this might have been regarded as a kind of 'consulting' or 'custom.' However, the law is cold. Though masked as a custom, such actions constitute a crime.

Legal Doctrines Applied and the Weight of 'Specific Economic Crimes Act'

The process of issuing a guarantee with a false balance certificate itself has a high possibility of constitutes forgery and use of documents. Furthermore, since financial institutions were deceived to obtain property benefits, fraud is established. The issue is the amount. If the guarantee and loan amount exceed KRW 500 million, the 'Act on the Aggravated Punishment of Specific Economic Crimes' applies. The level of criminal punishment jumps drastically. It is a serious crime punishable by at least 3 years of imprisonment without the option of a fine.

Another Fuse: 'Deception of Purpose'

Hidden here is another fuse: 'deception of purpose.' If the money received as a business loan was used for purchasing real estate instead of opening a hospital, the situation becomes more complicated. Deceiving the balance to get a guarantee and deceiving the purpose of using the loan are separate acts. Since the intent, target, timing, and method of the crimes are different, they can be split into independent fraud crimes. This means that a person can be judged to have committed multiple crimes, and the scope of punishment can snowball.

The Principle of 'Self-Responsibility' and Strategic Response

What is noteworthy is that even if more than 200 doctors were booked, the investigative authorities do not view them all with a single standard. The grand principle of criminal law is 'self-responsibility.' Ultimately, the key is the individual doctor's conspiracy relationship with different brokers, timing of involvement, and degree of participation. It is meaningless to argue "I didn't know it was illegal" while giving a huge amount—2.2% of the loan—to a broker as a commission. This is because it serves as strong circumstantial evidence that they actively participated despite recognizing the illegality.

Instead, a strategic and logical approach is needed. One must meticulously categorize the charges and separate parts to be legally contested from parts to be cleanly admitted. Even in the same conspiracy relationship, the legal evaluation is worlds apart depending on whether one was an accessory who passively followed the broker's instructions or a co-principal deeply involved in the planning.

Fatal Risk: Revocation of Medical License

Particularly for medical professionals, this scandal is not just a matter of a criminal record. According to the Medical Service Act amended in late 2023, if a sentence of imprisonment or higher (including suspended sentences) is finalized, the revocation of the medical license becomes an issue. Even being sentenced to a suspended prison term for fraud under the Specific Economic Crimes Act will result in the loss of the license. It is a fatal risk involving livelihood and the continuation of one's profession.

Why Expert Assistance is Necessary

Criminal procedures are long and arduous. The police stage is just the beginning. The conclusion can vary greatly depending on how precisely the charges are defended and how much effort is put into victim recovery. Establishing consistent statements and a thorough legal framework from the beginning, and making efforts for victim recovery—that is the most urgent prescription needed for those standing at the edge of the cliff.