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(영문) 인천지방법원 2013.06.18 2013고단2834

의료법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person other than medical persons may establish a medical institution.

Notwithstanding the fact that the Defendant is not a medical person, on December 15, 2010, the Defendant took over the Yeonsu-gu Incheon Hospital C (B from August 1, 2010 to November 28, 2010) operated by B from a doctor who was a doctor B, and established and operated the medical institution by employing D as a worker’s will while keeping D in the name of the representative of the hospital B, from that time to September 25, 2012.

Accordingly, the defendant established and operated a medical institution even though he is not a medical person.

Summary of Evidence

1. Defendant's legal statement;

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

1. Written statements and confirmations by J;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 87 (1) 2 of the Medical Service Act and Articles 33 (2) of the same Act concerning the applicable criminal facts and the selective punishment;

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

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