의료해외진출및외국인환자유치지원에관한법률위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) (1) The defendant has not conspired to receive the introduction and referral of a joint defendant A (hereinafter “A”) and a foreign patient from the court below.
Money and valuables paid to A by the defendant is paid as compensation for interpretation, not for the introduction of patients.
(2) The Defendant considered non-Korean patients who were treated by G Council members as foreigners who are not foreign patients.
2. Determination
A. As to the assertion that there was no possibility of attracting foreign patients in collusion with A, there is sufficient possibility that two or more co-offenders who jointly process a crime are not required under the law, and there is sufficient combinations with two or more criminal intent to jointly process a crime and realize a crime.
Although there is no process of the whole mother, there is a competitive relationship if the combination of doctors is made in order or implicitly between many people.
In order to recognize such a conspiracy, strict proof is required, but if the defendant denies a conspiracy, which is a subjective element of the crime, it is inevitable to prove it by means of proving indirect or circumstantial facts that have considerable relevance to the nature of the crime.
In this context, what constitutes an indirect fact that has considerable relevance ought to be reasonably determined based on normal empirical rule by reasonably determining the link of facts with the records of close observation and analysis (see Supreme Court Decision 2017Do14322, Apr. 19, 2018). 2) In full view of the evidence duly adopted and examined by the lower court, including part of A’s legal statement, the lower court found the Defendant guilty of inducing foreign patients without being registered with the Minister of Health and Welfare, in collusion with A.
The above legal principle is acknowledged as follows.