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(영문) 부산지방법원 2018.02.08 2017고정2425
의료법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

No one may detect or leak any personal information stored in an electronic medical record without justifiable grounds.

The Defendant, from May 1, 2008 to February 28, 2014, was working at the D Hospital located in Busan Shipping Daegu, and from March 3, 2014 to March 1, 2015 at the F Hospital located in Busan Dong-gu, Busan, the Defendant was working for an internal doctor at the F Hospital located in Busan Dong-gu E, and from March 1, 2015, from each of the above hospitals, the Defendant, who was notified of dismissal, discovered the number of 1,017 mobile phone numbers of patients, including G patients stored in the electronic medical record managed by each of the above hospitals for the purpose of advertising the patient to whom the dismissal was notified, etc., and copied the text information and copied the text information, and was in possession of the Defendant.

USB stored by means of storage.

Accordingly, the Defendant discovered and leaked personal information stored in the electronic medical record without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H (name), G, and I;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigation reports (20 pages of text messages, etc., investigation records, 20 pages of investigation records), investigation reports (Attachment of seizure sites and photographs of seized articles), investigation reports (the list of patients stored in the USB and 263 pages of investigation records);

1. Article 87(1)2 and Article 23(3) of the former Medical Service Act (amended by Act No. 14438, Dec. 20, 2016; hereinafter referred to as the “former Medical Service Act”) regarding criminal facts and the selection of punishment

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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