Text
The defendant shall be innocent.
Reasons
1. The summary of the facts charged is the chief director of the E hospital located in the Busan Dong-gu, Busan, who is concurrently operating G hospital located in the Seo-gu, Busan at the same time, and H is a public official in the past in a non-commercial health clinic and is working at the I hospital located in the Busan Dong-gu.
No person shall introduce, arrange or induce patients to medical institutions or medical persons for profit, such as exempting or discounting personal contributions under the National Health Insurance Act or the Medical Care Benefits Act, providing money, goods, etc. or providing transportation convenience to many and unspecified persons, etc., and instigate such act.
Nevertheless, the defendant was the chief of the administrative office before the date of 2015.
J directed the patient to be induced, and J received a proposal to change a certain amount per patient as the patient to be introduced from H and reported to the defendant.
Since then, the Defendant introduced 10,000 patients from around December 2, 2015 to around May 2016, the Defendant transferred 80,000 won to H via J for a total of two occasions, such as the list of crimes in the annexed crime list.
Accordingly, the defendant has caused the introduction, mediation, and inducement of many unspecified patients.
2. In light of the facts charged, it is insufficient to find that the evidence alone submitted by the prosecutor that the defendant had attempted to introduce, arrange, or induce an unspecified number of patients as stated in the facts charged, and there is no other evidence to prove otherwise.
3. In conclusion, the facts charged in this case constitute a case where there is no proof of facts constituting a crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.