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(영문) 대전지방법원 2016.03.09 2014고정1543

의료법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

No person shall introduce, arrange or induce a patient to a medical institution or a medical person for profit, such as exempting or discounting the patient's apportionment, providing money, goods, etc., or providing transportation convenience to many and unspecified persons.

On January 2, 2008, when the defendant delivered F Association G and KRW 600,000 per month to the above Association under the pretext of supporting funds, the defendant agreed to arrange patients from among the disabled persons belonging to the Association who need medical treatment as members of E operated by the defendant. From around that time to April 20, 2012, the defendant paid KRW 600,000,000 as above, and provided money and valuables for KRW 31.2 million, and around January 2, 2012, the defendant exempted the patient H who was affiliated with the F Association, and exempted the patient from the patient's charge to be borne by the patient. By April 10, 2012, the defendant provided 257 patients as shown in the attached list of crimes, and exempted the patient from the patient's charge to be borne by the patient.

Accordingly, the defendant provided money to the FF Association and assisted patients to medical institutions for profit by exempting them from the principal's share.

Summary of Evidence

1. Partial statement of the defendant;

1. In the second public trial protocol, the witness I's statement [the head of office I had been arbitrarily exempted from the principal's charge at court without the defendant's permission, and the list of patients exempt from the principal's charge was prepared by himself, and it was not a list that actually exempted from the charge. However, each of the following circumstances acknowledged by the evidence in the holding, namely, ① the number of employees of the E members operated by the defendant is within five million won per month of the defendant's monthly income, and the amount of KRW 170,000 per month is received from the amount of KRW 170,000 per month and managed the accounts of the members, and the amount of less than KRW 5,00 per month shall be prepared in a close account book to the defendant.