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(영문) 의정부지방법원 2018.02.22 2017고정1629

의료법위반

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is the intention to operate the C Council member in Seocho-gu Seoul Metropolitan Government.

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 November 2014, through the Internet website called "E" operated by D, the Defendant agreed to pay to D 15% of the medical expenses paid by the patient in return for the introduction, referral, and inducement of the patient to C Council members through the production and posting of a public relations distribution device for various procedures conducted by C Council members, the explanation of the treatment product (1:1 store), the sale, cancellation, and refund, and the customer management of the clause related to the treatment.

D Accordingly, from November 2014 to November 2015, 2015, among the aforementioned “E” site, produced and posted a public relations exhauster for the operation performed by C Council members on the said “E site, and subsequently, C Council members provided explanation of the operation product (1:1 on the surface), concluded a contract, and provided guidance for refund to the patients who wish to undergo various kinds of procedures, and let C purchase the operation product coo provided by the above hospital to the patients. In return, the Defendant paid KRW 305,175,76,250, out of the medical expenses paid by 306 305,175,000 on the part of 15% of the medical expenses paid by 305,776,250 won as indicated 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. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect of the defendant or D by the prosecution;

1. Investigative Report (in relation to the number and operation of medical practice tickets, -2), Investigative Report (E.