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(영문) 대구지방법원 김천지원 2013.08.08 2013고정80

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 one may induce a patient to a medical institution or a medical person for profit, such as exempting or discounting the patient's share under the National Health Insurance Act or the Medical Care Assistance Act.

Nevertheless, from January 19, 2009 to December 13, 2011, the Defendant, while operating the D Hospital in Kimcheon-si, Kimcheon-si, operated the D Hospital, notified his/her guardian of a certain amount of hospitalization fees, and notified his/her guardian of the patient of a certain amount of hospitalization fees. In doing so, the Defendant: (a) notified his/her guardian of the amount of hospitalization fees; (b) informed his/her guardian of the amount of hospitalization; (c) informed his/her guardian of the amount of hospitalization; and (d) informed his/her patient of the amount of the said hospitalization fees; and (d) provided the patient’s expenses incurred in the actual medical treatment after hospitalization; and (e) provided the patient’s discount without claiming the payment to the patient; (e) around April 16, 2010 to KRW 9,659,230; and (e) provided that the patient’s personal charges were paid at a discounted rate of KRW 6,350,309,309; and (e) provided the patient’s discount to the patient.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Each legal statement of witness F, G, H and I;

1. Application of Acts and subordinate statutes to the current status of the patient's own contributions and the patient's payments, the current status of the insurer's claims, and copies of the

1. Relevant provisions of the Criminal Act, Articles 88 and 27 (3) of the Medical Service Act (including each patient), and the selection of each fine for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.