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(영문) 의정부지방법원 2018.05.30 2017고단2484

의료법위반

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the intention to operate C Council members in Gangnam-gu Seoul.

No person shall induce any act of introducing, arranging, or inducing patients to medical institutions or medical persons for profit, such as exempting or discounting the principal's apportionment under the National Health Insurance Act or the Medical Care Benefits Act, providing money, goods, etc., or providing transportation convenience to many and unspecified persons, etc.

Nevertheless, on March 2015, through the Internet website called "E" operated by D, the Defendant agreed to pay 15% of the medical expenses paid by the patient to D in return for the introduction, referral, and inducement of the patient to C Council members through production, posting, explanation of the medical procedure products, sales, cancellation, refund, customer management of the medical procedure, etc.

D Accordingly, from March 2015 to December 2016, 2016, among the aforementioned “E”, produced and posted a public relations exhauster for the operation performed by C Council members on the said “E site, and subsequently, C Council members introduced, arranged, and induced patients to C Council members in the manner of requiring C Council members to purchase the ccoos provided by the said hospital while entering into a contract and providing guidance for refund, etc., with respect to the patient who wishes to undergo various types of procedures. In return, the Defendant paid KRW 57,840,450, which is 15% of the medical expenses paid by 3,107 medical expenses paid by 3,107 patients who underwent the operation using the coos as indicated in the attached list of crimes.

As a result, the defendant had the act of inducing, arranging, and inducing the patient to the hospital for profit.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness D in the third public trial records;

1. Each police statement made to F, G, H, and I.