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(영문) 부산지방법원 2018.01.25 2017고정2299

의료법위반

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

No medical corporation, medical institution, or medical person shall run any medical advertisement with a false or exaggerated content.

On April 17, 2017, the Defendant, as the president of the “Ethical clinic” located in Busan Metropolitan City, a director of the Health and Welfare Department, without having been designated as a specialized hospital from the Minister of Health and Welfare, the Defendant posted a medical advertisement containing false information, such as “Isk-type hospital specialized in Busan chest, Busan Hesk-type hospital, Usk-type cancer hospital, Isk-type cancer hospital, and Esk-type hospital,” in relation to the Defendant’s business, and thereby, committed an act of violation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. The application of the Acts and subordinate statutes governing the advertisement of each block;

1. The main sentence of Article 91 of the Medical Service Act, subparagraph 1 of Article 89, and Article 56 (3) of the same Act concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;