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(영문) 창원지방법원 거창지원 2020.01.15 2019고단268

컴퓨터등장애업무방해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a doctor who has served as an intern at the C Hospital located in Ansan-gu during the period from March 1, 2018 to February 28, 2019.

No medical person shall prepare a false medical record, etc. (including an electronic medical record) or intentionally add or revise any medical record, etc. differently from the fact.

Nevertheless, at around 09:04 on January 16, 2019, the Defendant, at the meeting room of the meeting room of the patient with the third floor of the above hospital, entered the ID and password of the inside and major known in advance by using the computer at the meeting room of the patient with the third floor of the above hospital, connected to the electronic medical record management system, and canceled the patient E's discharge and discharge prescription, and cancelled the prescription for the discharge and discharge of two patients as shown in the attached crime list, and cancelled the patient's out-of-patient reservation.

As a result, the Defendant caused interference with the processing of information by inputting false information or improper orders into the information processing device, such as [Attachment 1 and 2], thereby obstructing the operation of the C Hospital of FSC of the victim educational foundation, and intentionally modifying the electronic medical record. At the same time, the Defendant caused interference with the processing of information by the method such as [Attachment 3-8] No. 8 of the List of Crimes, thereby hindering the operation of C Hospital of FSC of the

Summary of Evidence

1. Defendant's legal statement;

1. Details of cancellation of discharge, and details of cancellation of reservation;

1. Application of Acts and subordinate statutes to investigation reports (a CCTV photograph taken by a suspect in the meeting room of a third-story patient room);

1. Article 314 (2) and (1) of the Criminal Act (the point of interference with the business of computer, etc.) concerning facts constituting an offense, Article 88 subparagraph 1 of the Medical Service Act and Article 22 (3) of the same Act (the point of false revision of medical records);

1. Crimes of interference with the duties of interference with computers, etc., referred to in Articles 40 and 50 (Attached Table 1 and 2) of the Commercial Concurrent Crimes Act, between violations of the Medical Service Act, and punishment prescribed by a crime of interference with the duties of interference with the duties of interference with computers, etc., the punishment of which is heavier);

1. Each selective fine for punishment;