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(영문) 부산지방법원 동부지원 2018.04.10 2017고단505
사기등
Text

[Defendant A] The defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

B The head of the nursing division in charge of patient and nursing at the Busan F Hospital, and the defendant A is a nurse in charge of the affairs of the recording of the patient's care, the care for medication, etc. at the F Hospital, the active draft, and the preparation of a record book for medication.

1. On April 8, 2012, Defendant A deleted from the F Hospital’s care record site for the patients hospitalized from around March 14, 2012 to the leatum franchisium, etc. as well as from the time to August 19, 2013 to the BR “BR” as if the patient was hospitalized due to long-term outing, going outside of the hospital, etc.; Defendant A corrected the patient’s 12 nursing record site from the time to August 19, 2013 to the time when the patient was hospitalized;

2. On July 1, 2013, Defendant A, under the direction from Defendant B, from around July 1, 2013, to the effect that, from around July 1, 2013, the patient H’s care record was changed to “not in the face (not in the face)” in the nursing record, Defendant A deleted the patient’s care record as “not in the face (not in the face)” in the nursing record as desired by H, and then revised the “BR” to the “BR.”

Summary of Evidence

[Defendant A]

1. Defendant A’s legal statement

1. Details of modification of records of nursing accompanied by each investigation report, revised records of medical treatment, etc. [Defendant B]

1. The witness Gap's statement in the trial record (the defendant B did not instruct the defendant A as stated in the facts charged, but the patient H's statement is merely a correction of the truth if it is found to have been made well by entering the patient H's speech.

However, H’s statement consistent with the Defendant’s argument is difficult to believe as it is, and rather, A’s statement supporting the facts charged.

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