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(영문) 의정부지방법원 2018.11.28 2017고단2480

의료법위반

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a doctor who is operating a C Council member in Gwangjin-gu Seoul Special Metropolitan City.

No one shall compel a medical institution or medical person to induce a person to introduce a patient for profit, such as exempting or discounting the person'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 December 2014, the Defendant agreed with D to pay 15% of the medical expenses paid by the patient as the fee to purchase the coophone provided by the above hospital through the Internet website called “E” operated by D, a mail order distributor, in return for inducing the patient to purchase the coophone.

D Accordingly, from December 4, 2014 to June 2016, D performed 1:1 counseling services between the above “E” site for patients who wish to receive various types of medical treatments by C, and purchased coophones provided by the above hospital to the patients and assisted patients to C member of the above hospital by allowing them to undergo medical treatment at the above hospital. In return, the Defendant paid KRW 92,510,850,000, out of the medical fees paid by 10,452 patients who were administered using coophones issued as shown in the attached list of crimes, as shown in the attached list of crimes.

As a result, the defendant had the act of inducing the patient to the hospital for profit-making purpose.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Copy of each protocol concerning the examination of suspects of D by the prosecution;

1. Copy of the police statement made to F;

1. Data capturing the E website screen and contract for the consignment sale at a hospital;

1. A internal investigation report (E settlement system related), internal investigation report (EAS analysis), investigation report (related to arm's length price, discount rate, and purchase manipulation), investigation report (E site purchase volume manipulation).