Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

No medical person shall prepare a false medical record, etc. or intentionally enter or revise a false medical record, etc. differently from the fact.

Nevertheless, on May 4, 2014, the Defendant provided medical treatment to seven patients and prepared a medical record book in the name of G or H, as described in the attached list of crimes, in the D Emergency Hospital in Daegu-gun: (a) the Defendant received a request from E, the head of the above hospital, to work as a daily doctor on duty; and (b) provided medical treatment in the name of G, a doctor belonging to the above hospital; and (c) provided medical treatment to seven patients until October 18, 2014, as described in the attached list of crimes.

As a result, the Defendant made a false record of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Records of the emergency room (the pages 104 through 114 of the investigation records);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a compliance program by a person);

1. Article 88 and Article 22 (3) of the Medical Service Act in relation to a crime.

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. The Defendant’s entry is not “medical record” under Article 22(3) of the Medical Service Act, but “electronic medical record” under Article 23(1), and there is no penal provision under the Medical Service Act regarding the preparation of false electronic medical record.

B. Even if an electronic medical record is considered as a medical record, it does not constitute a violation of Article 22(3) of the Medical Service Act, rather than falsely stating the patient’s symptoms, treatment details, etc. as prescribed by the Enforcement Rule of the Medical Service Act.

(c)

The defendant only entered the treatment content of the patient on the screen of the electronic medical record prepared by the nurse, and the defendant also enters the name of the patient differently.