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(영문) 대전지방법원 2014.01.09 2013고단1959

의료법위반

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of seven million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

[2013 Highest 1959] Defendant A, B

1. Defendant A is a director of H Co., Ltd. who imports, sells, and leases medical devices in Jongno-gu Seoul Metropolitan Government G, and is the representative of J Co., Ltd. who performs the same duties in Jongno-gu Seoul Metropolitan Government I.

On October 27, 2008, the Defendant leased the above office 801 of the Seo-gu Daejeon District Office, Seo-gu, Daejeon, with medical equipment such as 40 sickbedss and 38 units of the Defendant’s operation company, and prepared a medical institution establishment report under the name of “Lwon” in the name of “Lwon” employed by the Defendant, and reported this to the competent authority, and had B treat patients related to kidne from January 31, 201 to January 31, 201.

Accordingly, the defendant established a medical institution even though he is not a medical person.

2. Defendant B: (a) was employed by Defendant B from October 27, 2008 to January 31, 201, who was unable to establish a medical institution at the above L Council; and (b) provided medical treatment to the patients at the above hospital by being employed by the said hospital by a person who was unable to establish a medical institution.

[2013 Highest 4004]: No person may induce a patient to a medical institution or a medical person for profit, such as exempting or discounting the patient's share under the National Health Insurance Act or the Medical Care Assistance Act, or instigate such act.

Nevertheless, the Defendant, at around June 25, 2012, at the “Nwon” operated by the Defendant on the 7th, Seo-gu Daejeon, Seo-gu, Daejeon, had 38,800 won exempted the Plaintiff’s own charges for blood malkin patients for profit, and had the patient undergo blood malkin treatment at the above hospital, and had 38 persons, such as O, for profit-making purposes from the above date to March 30, 2013, and had 40,832,100 won exempted the Defendant’s personal charges from the above Nwon for 2,564 times, on condition that he/she had the patient undergo blood malkin treatment at the above hospital.