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(영문) 광주지방법원 2019.01.23 2017고단5068

의료법위반등

Text

1. Defendant A shall be punished by imprisonment for two years.

2. Defendant B shall be punished by imprisonment with prison labor for one and half years.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A as an oriental medical doctor, A operated the "E oriental medical doctor" in Gwangju Northern-gu, and Defendant B was in charge of patient treatment, preparation of medical records, etc. while working as a plenary doctor at the above oriental medical hospital. Defendant C was in charge of patient consultation, management, medical care benefit claim, etc. while serving as a chief of a bureau at the above oriental medical hospital.

1. From November 14, 2016 to November 25, 2016, Defendant A and Defendants B were hospitalized at the above E oriental medical hospital as “integrative - congrative - congrative -” for 12 days, and Defendant A prescribed intrusion treatment, side-to-face therapy, sturgy, marging, satis, and satisfying treatment, and Defendant B prepared medical records as if they were given medical treatment by prescribing blood examination, e-mail (electric shock treatment), teNS (electric shock treatment), and ESW treatment.

However, in fact, F was under the first day of hospitalization and was under the daily life at the time of a residence without being treated in the hospital for the period of time.

Accordingly, the Defendants conspired to prepare the medical records of F in a false manner.

In addition, the Defendants conspired to prepare a false medical examination and treatment record for 105 persons listed in the annexed E oriental medical register from August 2, 2016 to June 29, 2017 at the above E oriental medical hospital.

2. Defendants A, B, and C

A. The Defendants filed a claim for medical care benefit expenses with the Health Insurance Review and Assessment Service around November 201, 2016, as if the Defendants were hospitalized even though the F had not actually received hospitalized treatment, and received KRW 774,910 from the Victim Health Insurance Service around that time.

Accordingly, Defendants conspired to act in collusion with each other from August 2, 2016 to June 29, 2017, deceiving the victim of 105 persons from the above E oriental medical hospital from around August 2, 2016 to June 29, 2017, and deceiving the victim by the above method, and its members collectively constitute medical care benefit expenses from the victim.