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(영문) 서울서부지방법원 2019.02.13 2018고단1885

사기등

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who opened and operated the “Chowon” from December 10, 2007 to April 24, 2015 in Seongbuk-gu, Sungnam-si.

A medical person shall keep records of medical treatment and other records of medical treatment and shall record and sign in detail the matters and opinions concerning his/her main symptoms, diagnosis results, progress of medical treatment and the details of medical treatment.

Nevertheless, the Defendant did not enter the matters and opinions concerning medical acts, such as treatment, etc., in the medical records at least 3,002 times in total as shown in attached Table 2, but did not enter the doctor’s signature in the medical records, in detail, on the following grounds: (a) even though the Defendant provided treatment, such as non-afforcing treatment, drilling correction, and bed from January 4, 2013 to April 15, 2015 at the above C Medical Center’s coco part; and (b) did not enter the medical records in detail on the date and time of the completion of the treatment; and (c) obtained only a signature on the confirmation of the fact that the Defendant received non-afforcing treatment, drilling, or cronological therapy from the patients.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the confirmation of details of a copy of a medical examination and treatment record in which a suspect has stated), attached documents (medical examination and treatment records in D), and attached documents (medical records in D).

1. Article 90 of the relevant Medical Service Act (amended by Act No. 14438, Dec. 20, 2016); Article 22(1) of the former Medical Service Act (amended by Act No. 14438, Dec. 20, 201); the selection of fines for criminal facts;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged is that the Defendant, around July 1, 2013, conducted the Health Insurance Review and Assessment Service even though there was no fact that he/she performed the “the verteburine ebbrate” under the said C, while treating the F with an essentialF to undergo treatment, etc.,” which is a salary item.