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(영문) 서울중앙지방법원 2014.11.05 2014고정2868

의료법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a doctor who operates a D Hospital in Medical Service C at his own Government.

E, the head of the planning office of the above hospital, decided to attract patients to Broker F, who introduced mentally ill persons to the above hospital, by paying KRW 300,000 per patient subject to basic livelihood, and KRW 400,000 per patient subject to health insurance. On April 12, 2010, he/she introduced mentally ill persons to the above hospital and transferred KRW 1.2 million to the national bank account in the name of the woman to F, from that time until July 26, 2010, and ordered the patient introduction broker, etc. to introduce, arrange, and induce the medical institution for profit by remitting the sum of KRW 1,100,000 in return for introduction of patients from that time to July 26, 2010.

The Defendant committed such a violation as above with respect to the Defendant’s duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement of witness E;

1. A copy of the protocol of examination of prosecution concerning F;

1. Indicating some of the copies of each protocol of examination of the suspect by the defendant and E by the prosecution;

1. A copy of a protocol of suspect examination of the police against F;

1. Some statements in each copy of the police interrogation protocol of the accused and E;

1. Application of each Act and subordinate statute to the investigation report [the summary of statement by the suspect E (G hospital, D hospital), and copies of the investigation report (the summary of statement by the suspect F.O.K.)];

1. Articles 91, 88, and 27 (3) of the Medical Service Act related to the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.