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(영문) 대구지방법원 상주지원 2013.07.02 2011고단592

의료법위반교사등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Although a person is not a medical person but a medical person is not allowed to perform medical practice, the defendant employed E who is not qualified as a nurse or assistant nurse at a hospital operated by the defendant from March 2009 to Jun. 28, 2009, and then ordered E to leave the hospital, stated the facts in the charges of the patient F, etc. who was hospitalized in the hospital as "G, etc." but the other party to medical practice is not necessarily specified to recognize the establishment of a non-licensed medical practice. (Inasmuch as multiple repeated acts are anticipated to constitute the same crime due to the nature of the elements of the crime, it is sufficient to comprehensively state the facts charged because several acts are considered as one of the single crimes, and therefore, it is sufficient to comprehensively state the facts charged. In this case, since the defendant denies all unauthorized medical acts as a whole by denying the defendant's right of defense, it is not likely that the other party might exercise his right of defense without changing the indictment.

On the other hand, the procedure was conducted for fresh injection.

As a result, the defendant had E, other than medical personnel, engage in non-licensed medical practice, thereby instigating the violation of the Medical Service Act.

2. From June 1, 2009 to June 17, 2009, even though the Defendant had not actually hospitalized the pertinent D Hospital, the Defendant filed a false claim for payment of wages to the Victim Medical Insurance Corporation as if H had been hospitalized.

The Defendant, as such, by deceiving the victim, received KRW 487,240 from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness I, J and K;

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

1. Statement of the prosecution with regard to I;

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