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(영문) 서울서부지방법원 2017.08.24 2016고단2970
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor of one year and ten months, and by a fine of six million won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A and Defendant B’s joint crime (violation of the Medical Technicians Act) committed by Defendant A and Defendant B, as the president of the department of anesthesia pain in the fourth floor of the building in Mapo-gu Seoul Metropolitan Government, taking charge of hospital operation and patient treatment from around April 2014, and Defendant B took charge of hospital administration as the chief of the office of secretary of the above Council members.

No person, other than medical technicians, shall provide medical technicians with services.

On April 2014, Defendants conspired to acquire profits by employing so-called “sports prescription doctor” who is not qualified as a physical therapy doctor by a private person and who holds a sports-for-all guidance physician’s license, and by allowing patients to engage in the “dominative treatment” subject to health insurance non-payment.

Accordingly, Defendant B posted a recruitment advertisement of the above E anesthesia pain on the Internet job offer site, etc., and then employed F, etc. without qualifications as a physical therapy physician as “hyptian,” and Defendant A instructed F, who is not qualified as a physical therapy physician in the above E anesthesia pain department and the Do water treatment room on May 2014, to perform the medical treatment for 30 to 120 minutes by taking charge of the patient’s part of the patient’s body or completing the part of the patient’s body, and the above F, upon Defendant A’s instruction, received a certain ratio of the medical treatment expenses for 30 to 120 minutes in consideration of the above F, which was paid once to the patient.

In addition, from May 2014 to December 2015, the Defendants instructed F, G, H, I, J, K, L, and M to provide the patients with the medical treatment, the therapy and the surgery and the surgery and the surgery and the surgery and the surgery for external shock from the body to the patient. The above F, etc. conducted the surgery for the patients as in the attached Table 18,189,624, the above F, the total amount of KRW 5,267,00, and the above H, the total of KRW 42,718,064, and the total of KRW 18,601,850, and the above I, the total of KRW 18,60,850, respectively.

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