의료법위반
The prosecutor's appeal is dismissed.
1. The gist of the prosecutor's appeal is that the defendant, as the president of the instant hospital, was aware of the fact that J, who is the chief executive officer, was aware of the fact that he paid money in return for the introduction of patients to H, and thus, the court below found the defendant guilty of the facts charged in the instant case. The court below erred in the misapprehension of facts.
2. Determination
A. The summary of the facts charged in this case is the chief director of the E hospital located in the Busan Dong-gu, Busan, who is concurrently operating G hospital located in the Seo-gu, Busan at the same time, and H is a public official in the past in a mutual indic health clinic and is working at the I hospital located in the Busan Dong-gu.
No person shall introduce, arrange or induce patients to medical institutions or medical persons for profit, such as exempting or discounting personal contributions under the National Health Insurance Act or the Medical Care Benefits Act, providing money, goods, etc. or providing transportation convenience to many and unspecified persons, etc., and instigate such act.
Nevertheless, the defendant was the chief of the administrative office before the date of 2015.
J directed the patient to be induced, and J received a proposal to change a certain amount per patient as the patient to be introduced from H and reported to the defendant.
Since then, the Defendant introduced 10,000 patients from around December 2, 2015 to around May 2016, the Defendant transferred 80,000 won to H via J for a total of two occasions, such as the list of crimes in the annexed crime list.
Accordingly, the defendant has caused the introduction, mediation, and inducement of many unspecified patients.
B. The lower court determined that the Defendant committed an act of introducing, arranging, or inducing an unspecified number of patients, such as the instant facts charged, solely with the evidence submitted by the prosecutor.