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(영문) 울산지방법원 2014.08.28 2014고단1660
의료법위반
Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 10,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is the president of the “F Council member” in Ulsan Nam-gu E, and the Defendant B is the medical person who is a doctor as the vice president of the above Council member.

No medical person shall prepare a false medical examination and treatment record, etc. or make an additional entry or revision intentionally differently from the fact.

1. On April 20, 2012, Defendant A provided false diagnosis and treatment in the first medical clinic of the above FF’s members, as if he did not have any actual medical treatment of G, Defendant A entered the name of the former medical clinic in the column of “mae-coman”, “mae-coman” in the prescription name column, etc., and provided false prescription for learning, etc. from that time until June 28, 2013, as indicated in the list of crimes (1) in the attached Form of Crimes (1), by the same method, 80 times in total.

Accordingly, the defendant prepared the medical records in a false manner.

2. On May 8, 2012, Defendant B provided false diagnosis and treatment at the 21st diagnosis room of the above F’s clinic, as if he did not actually receive the Defendant’s friendly son H, Defendant B provided false diagnosis and treatment in the column of the name of the electronic medical examination and treatment, such as “marry” in the column of the prescription name as “marry”, etc., and provided false diagnosis and treatment from the time to October 30, 2012, as indicated in the list of crimes (2).

Accordingly, the defendant prepared the medical records in a false manner.

Summary of Evidence

1. Defendants’ legal statement

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police statement concerning I, J, K, H, G, and L;

1. A patient with a code of 5600 (blance);

1. The application of Acts and subordinate statutes of each investigation report and investigation report;

1. Article 88 and Article 22 (3) of the Medical Service Act for each of the relevant provisions of the Act concerning criminal facts (the point of keeping a false medical record);

1. Defendant A: Defendant B who has chosen to imprisonment with prison labor: Selection of fine;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply mutatis mutandis.

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