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(영문) 창원지방법원 마산지원 2014.02.20 2013고정427
의료법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a facility with a disability called “D” in Gyeongnam-gun C.

No one shall introduce, arrange or induce a patient to a medical institution or a medical person for profit, such as exempting or discounting the individual's apportionment under the National Health Insurance Act or the Medical Care Assistance Act, providing money or other valuables, etc., or providing transportation to many and unspecified persons, or instigate such act.

Nevertheless, on January 14, 201, the Defendant received five million won through the Agricultural Cooperative passbook in the name of H (the name prior to the change of H) on the same day and received five million won from the original students of D, etc., and received hospitalized treatment at the above hospital by attracting patients to G directors of the hospital at the F Hospital located in Seongbuk-gun, Seongbuk-gun, 201. The Defendant received five million won from the Agricultural Cooperative passbook in the name of H (the name prior to the change of D).

From around that time to March 2, 2012, the Defendant received a total of KRW 42,90,000,000,000 from 19 times, as stated in the “attached Form” list, and introduced and arranged patients to a medical institution or a medical person for profit.

Summary of Evidence

1. Legal statement of witness G, I and J;

1. A protocol of examination of part of the defendant by prosecution;

1. The current status of the accusation and financial resources of patients;

1. Investigation report (to be accompanied by a detailed statement of passbook transactions); and

1. A detailed statement of passbook transactions;

1. An investigation report (to be accompanied by a detailed statement of passbook transactions);

1. A report on investigation (on results in confirming the details of passbook); and

1. Investigation report (as to attachment of a copy of medical record);

1. Investigation report (a list of inpatientss at La Hospital);

1. Application of Acts and subordinate statutes to investigation reports (M telephone statement listening);

1. Relevant Articles 88 and 27 (3) of the Medical Service Act, the selection of fines for criminal facts, and selective punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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