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(영문) 부산지방법원 2013.10.01 2013고단3836
보건범죄단속에관한특별조치법위반(부정의료업자)등
Text

Defendant

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

Defendant

A.

Reasons

Punishment of the crime

Defendant

A is the representative director of the (State)B in the medical device sales chain.

1. Defendant A

(a) No person other than a medical person who violates the Act on Special Measures for the Control of Public Health Crimes shall perform any medical practice, and no medical person shall perform any medical practice other than that licensed;

Nevertheless, the Defendant supplied a medical device to the J Hospital located in Gyeongnam Kim-si I, and conspired with K as the head of the above hospital, with the operation related to the Heung disc.

On September 28, 2011, the Defendant, at around 16:15, with respect to L, a patient at the operation room of the pertinent J Hospital, performed invertebrate and general anesthesia, and caused the surface of the water, the Defendant acquired K the amount of KRW 1,387,120, which is operating expenses, by performing anless license operation by cutting off approximately 3 cm of the parts to be returned to the patient’s 4-5 mhume and cutting off the bones of spine with approximately 3m of the above patient’s 3m, and removing the parts of spine with the bones.

The Defendant, including that, from February 17, 201 to November 30, 2012, in collusion with the above K and engaged in a non-licensed medical practice for profit-making purposes on a total of 313 occasions, as shown in the attached list of crimes, and caused K to acquire benefits equivalent to the sum of 486,56,545 won of patient charges, and the sum of 9,637,918 won of the National Health Insurance Corporation, and 486,594,463 won of the National Health Insurance Corporation charges.

(b) No distributor of a medical device that violates the Medical Devices Act shall provide money, goods, convenience, labor, entertainment, or any other economic benefit to any medical person, founder of a medical institution, or any employee of a medical institution, with an intention to promote sales or lease, such as adoption of, guidance for use of,

Nevertheless, the defendant above 1-A.

A. 1-a. For the purpose of selling medical devices to J Hospital at the same time and at the same place as described in the subsection.

As described in the paragraph, K performed a total of 313 times of surgery and provided K with labor.

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