Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a doctor who operates a family member of the Anon-human society located in Gunsan-siD.

No person other than a doctor who directly engages in the medical service, and directly examines, shall prepare a prescription slip and deliver it to the patient.

Nevertheless, around November 18, 2016, the Defendant did not directly examine, and issued a prescription to, E, a patient who is a patient who was within the said ABA’s clinic, and the Defendant did not directly examine and issue a prescription to the patient at least 30 times from that time until December 17, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Text photographs;

1. Statistics on prescription by period;

1. Application of statutes on details of medical expenses;

1. Article 89 and Article 17(1) of the former Medical Service Act (Amended by Act No. 14438, Dec. 20, 2016; hereinafter the same shall apply), the applicable provision of the relevant Act on criminal facts, and the selection of fines, respectively.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. The Defendant needs to re-medical treatment of each of the patients indicated in the facts charged of the instant case (hereinafter “patients of the instant case”) that had been treated and prescribed by the previous Defendant, and requested a prescription without undergoing a medical examination as a result of the completion of medical treatment, or via his/her guardian without having to undergo a medical examination. The Defendant confirmed the patient’s condition through his/her guardian without having to undergo a medical examination, and then prepares and issues a prescription with the same content as the time of the previous medical examination unless there is any difference between symptoms compared to the previous medical examination record and the current medical examination. This act of the Defendant is a prescription for the doctor directly diagnosed under Article 17(1) of the Medical Service Act.