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(영문) 서울서부지방법원 2015.10.23 2015고정1153

의료법위반

Text

Defendant shall be punished by a fine of KRW 1,800,000.

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

Reasons

Punishment of the crime

On September 16, 2013, the Defendant, without filing for registration of attracting foreigners, introduced patients D by a member of the Csung foreign service located in Gangnam-gu Seoul Metropolitan Government and received 3,360,000 won, which is part of the medical expenses paid by the said patient, as a commission for introduction of 16,80,000 won from among the medical expenses paid by the said patient, and received 7,170,000 won in total from around that time until November 20, 2013 as shown in the attached list of crimes.

The Defendant introduced, arranged, and induced patients to medical institutions or medical personnel for profit without registering the attraction of foreigners.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of partial prosecutorial statement concerning E;

1. A copy of each statement of the F, G, and H;

1. Application of Acts and subordinate statutes on business list, hub list, G submitted file output, fees received, patient diagnostic car and foreign patient referral fee confirmation, deposit certificate, and business income withholding tax receipt;

1. Relevant provisions of the Criminal Act and Articles 88, 27 (3), and 27-2 (2) of the Medical Service Act for the selection of criminal facts and for the selection of fines;

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

1. The punishment as ordered shall be determined by comprehensively taking into account all the circumstances including the Defendant’s age, character, conduct and environment, including the fact that the Defendant was led to a confession and reflect on the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the first offender, and the fact that part of the introduction expenses of the judgment was returned;