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(영문) 부산지방법원 2013.11.28 2013고단4756
보건범죄단속에관한특별조치법위반(부정의료업자)등
Text

Defendant

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

Reasons

Punishment of the crime

1. Defendant A served as the head of the Department of (State)C from August 1, 2010 to September 30, 2010.

Even if the Defendant is not a medical practitioner, the Defendant conspiredd with H, the president of the above hospital, to take charge of an anti-crucing operation in G Hospital that supplies medical devices at the above company.

No person, other than medical personnel, shall perform medical acts in violation of the Act on Special Measures for the Control of Public Health Crimes, and no medical personnel shall perform any medical acts other than those licensed.

Nevertheless, around February 17, 2011, the Defendant acquired from H anless license operation by inserting knee part of the patient’s knee, 0.5 cm, and inserting knee knee fe fee fee fee fee fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe

In collusion with the above H during the period from around September 30, 201 to September 30, 201, the Defendant had H gain profits equivalent to KRW 150,959,572, including patient charges, by engaging in non-licensed medical practice for profit-making purposes more than 195 times in total, as indicated in the attached list of crimes (1).

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

Nevertheless, the defendant above 1-A.

A. 1% for the purpose of selling medical devices to G hospital at the same time and place as described in the paragraph.

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