beta
(영문) 대구지방법원 김천지원 2015.11.12 2015고정402

의료법위반

Text

Defendant

A A shall be punished by a fine of KRW 800,000,000,000,000,000

Defendant

A above.

Reasons

Punishment of the crime

1. No person who has committed an act of introducing, arranging, or inducing a patient to a medical institution or a medical person for profit, such as providing a large number of unspecified persons with transportation means, etc., and soliciting such act;

Nevertheless, at around 13:54 on October 20, 2014, the Defendant served as the head of the management office of the above hospital at Ewon located in Guro-si, and six patients using the Defendant’s Fexton vehicle in order to induce patients by providing the above hospital with transportation means to undergo medical treatment, as well as inducing them to do so, from that time until April 8, 2015.

2. The Defendant, the Incorporated FoundationB, was an employee of the Defendant, thereby committing the above offenses.

Summary of Evidence

1. Defendants’ second-time legal statement

1. Each written statement of G, A, and H;

1. A report on internal investigation (a counter investigation of patients with medical treatment) and a report on internal investigation (a counter investigation of patients with medical treatment J);

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of videos, etc. related to the provision of transportation convenience on the part of the E Council members);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 88 and 27(3) of the Medical Service Act, the selection of a fine (the reduction shall be made in consideration of family environment, reflective attitude, etc.);

(b) Defendant Incorporated Foundation B: Articles 91, 88, and 27 (3) of the Medical Service Act

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act