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(영문) 부산지방법원 2019.07.12 2018고합554

통신비밀보호법위반등

Text

1. Defendant A

(a) The defendant shall be punished by imprisonment for one year and suspension of qualifications for one year;

(b) provided that this ruling has become final and conclusive;

Reasons

Punishment of the crime

[Basic Facts] Both the Defendants and C are doctors, and from around 207 to around 3, 2012, they were working together with the “E Hospital” located in the Busan Dong-gu, Busan as a doctor, and around March 2012, the Defendants and C opened the G Hospital “G Hospital” in the Busan Dong-gu, Busan as “G Hospital (110 doctors, 110 employees, and 95 sickbeds specialized in spinebrates). Around July 2015, the Defendants and C purchased a building located in the Busan Dong-gu, Busan as a co-ownership (1/3) and transferred the building located in the Busan Dong-gu, and operated the said hospital up to the present.

As above, the Defendants and C were operated as the head of the hospital of the “G Hospital”, and C was sentenced to a suspended sentence of two years for one year for a violation of the Medical Service Act (the total amount of KRW 200 million from a manufacturer of medical appliances in return for the purchase of medical appliances for spine operation) at the Busan District Court’s East Branch on June 19, 2014, and the said judgment became final and conclusive on May 28, 2015.

As a result, C was subject to the revocation of the doctor's license by the Minister of Health and Welfare around December 2016, but C, in consultation with the Defendants, was in office in G Hospital as the head of the administrative office of the hospital and received the benefits as before.

On the other hand, the Defendants and C are additionally engaged in partnership business and opened “I” for the purpose of medical device sales business on the second floor of the G Hospital building around July 2017, and the name of the business operator is J in the south of the wife of Defendant B, but C and G Hospital management team leader K has distributed profits accrued from the actual operation.

around December 2017, the Defendants employed the Defendants’ families, including the above J and Defendant A’s South-wins, as employees of G Hospital, and proposed a hospital operated by their families. However, C opposed thereto. In addition, C proposed that the Defendants carry out facility investment instead of distributing I’s profits to the Defendants in order to expand the I’s business, but the Defendants opposed to it. In addition, C’s proposal, as to the promotion of the executive director of L administrative office, the Defendant B’s wife.