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(영문) 인천지방법원 2015.12.22 2014고정3593 (1)

변호사법위반등

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

[Criminal Power] The Defendant was sentenced to one year of imprisonment for a violation of the Immigration Control Act at the Seoul Central District Court on May 21, 2014, and the said judgment became final and conclusive on August 30, 2014.

【Criminal Facts】

A person who intends to attract foreign patients shall register with the Minister of Health and Welfare after meeting certain requirements.

Nevertheless, around October 2012, the Defendant, along with B, recruited foreign patients without registration, introduced them to the hospital, which is a medical institution located in Ansan-gu, Masan-si C, and conspired to divide approximately 30% of the medical expenses for foreigners into fees.

As the Defendant recruited as above, around October 25, 2012, the Defendant requested “E Licensed Administrative Agent” to recruit Chinese patients from “E Licensed Administrative Agent,” and B, around January 18, 2013, from “E Licensed Administrative Agent,” recruited Chinese patients, such as F, G, etc., China, around January 22, 2013, and issued documents necessary for applying for visa, such as his/her passport, family name, etc., to the Defendant. The Defendant delivered the said documents to D Hospital (representative H), which is a medical institution, to request the issuance of a visa for the purpose of treating them.

Accordingly, the defendant, in collusion with the Minister of Health and Welfare, induced foreign patients without registering.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused and the B;

1. B mobile phone text photographs;

1. Requests for cooperation (including copies of visa application documents);

1. Investigation report (Attachment of medical tourism application documents to recognize the issuance of medical tourism visas);

1. Previous convictions in judgment: Results of case search, application of two copies of judgment and other Acts and subordinate statutes;

1. Articles 88 and 27-2 (2) of the Medical Service Act, and Article 30 of the Criminal Act concerning facts constituting an offense (to select a fine in general);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued for the reasons above.