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(영문) 부산지방법원 2013.06.20 2013고단2610

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

Defendant

A Imprisonment of one year and six months and fine of 5,000,000 won, Defendant B’s imprisonment of one year and one year and fine of 3,00,000 won, and Defendant.

Reasons

Punishment of the crime

Defendant

A is a person who was the head of the business division of (State) C, a medical device business entity from March 2006 to October 15, 2012, and Defendant B is a person who served as the head of (State) C from November 2010 to (State) business agent.

The Defendants conspired with G, the president of the above hospital, to take charge of an anti-brupt operation at the F Hospital that supplies medical devices even if they are not medical personnel.

1. On February 16, 201, the Defendant: (a) around February 16, 201, at the F Hospital operating room located in Kim Jong-si, Kim Jong-si; (b) in the state of the defect in the water surface of the J in spine and general anesthesia; (c) in the state of the defect in the water surface of the J, the Defendant laid the shoulder by using a mers, inserted the eroculation, and then performed an operation such as regrative regrative regrative and regrative grative surgery by cutting back the eroscopic erosion, and then acquired an amount equivalent to KRW 78,145, and the Corporation’s charges, KRW 703,306, which are expenses for the operation

From around that time to August 9, 2012, the Defendant conspired with the above G while engaging in the business of non-licensed medical practice for profit-making purposes at least 128 times in total, as shown in the annexed Table of Crimes (1), and had G acquire profits equivalent to the total amount of KRW 93,419,875.

2. On November 11, 2011, Defendant B performed an operation with respect to the patient K at the operating room of the F Hospital as described in the preceding paragraph, and acquired the amount equivalent to KRW 128,204 of the patient’s charge, which is the operating cost, and KRW 512,818 of the Corporation’s charge.

The Defendant, including that, from around that time to September 24, 2012, conspired with the above G while engaging in the business of non-licensed medical practice for profit-making purposes more than 74 times in total, as indicated in the attached Table of Crimes (2). The Defendant acquired profits equivalent to KRW 50,61,945.

3. The Defendant (State) C is an employee of the Defendant, who is not a medical person, at the same time and place as the above 1.3 and 2.