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(영문) 의정부지방법원 2018.02.22 2017고정1718

의료법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a doctor who operates C Hospital in Gangnam-gu Seoul.

No person shall induce any act of introducing, arranging, or inducing patients to medical institutions or medical persons for profit, such as exempting or discounting the principal's apportionment 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.

Nevertheless, on May 2014, the Defendant agreed to pay 15% of the medical expenses paid by the patient to D in return for the introduction, referral, and inducement of the patient to C hospital through the Internet website of D, “E,” which is operated by D, through production, posting, explanation of the medical procedure products, sales, cancellation, refund, customer management of the medical procedure, etc.

D Accordingly, during the period from May 2014 to March 2016, it is clear that “180 Provincial Council members” as stated in the indictment of C Hospital is clerical error in writing in the manner that: (a) the patient intending to undergo various kinds of procedures at C hospital, including explanation of the treatment product; (b) conclusion of the contract; and (c) guidance on refund; and (d) the patient’s purchase of the treatment product coo provided by the said hospital; and (b) the “180 Provincial Council members” as stated in the indictment of C Hospital, is correct as above, to the extent that it does not adversely disadvantage the Defendant’s exercise of his/her right to defense.

The defendant introduced, arranged, and induced patients, and in return, the defendant paid 21,180,900 won out of 141,206,000 won for medical expenses paid by 5,874 patients who received the procedure using the medical coophones issued as such in the attached list of crimes.

As a result, the defendant introduces, mediates, and induces patients to a hospital for profit.