(영문) 부산지방법원 2008.8.12.선고 2008고단380 판결

Defendant shall be punished by imprisonment with prison labor for a year and six months and by a fine for a fine of 3,00,000 won. If the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for the period calculated by converting 50,000 won into one day.

However, the execution of the above imprisonment shall be suspended for three years from the date this judgment becomes final and conclusive.

The defendant shall be ordered to provide community service for 160 hours.

Reasons

Criminal facts

Defendant,

1. Despite the fact that a medical person, other than a medical person, is unable to establish a medical institution, a Korean medical doctor is established in the name of “B” from March 2001 to April 24, 2006 in Busan Dong-gu, and an oriental medical doctor is employed in sequence C and D on the condition that benefits of KRW 5,00,000 per month and excess allowances are given, and the above oriental medical doctor is allowed to perform medical acts, such as bee, bee, bee, and ar, etc., for profit-making purposes, to patients E, etc. who wished to the said place.

2. Despite the fact that a medical person is not a medical person, the defendant, at around September 27, 2003, was unable to perform medical acts, at the "B Medical Center of Korea", the defendant found the place where the "Director" was used for profit-making purposes, and laid off the patient F, who complained of the chill, on the bend, on the bend, on the bend, on the bend, on the bend, on the bend, on the bend, on the bend, on the bend, on the part of the treatment expenses, on the 13,700 won, on the 4-5 average of the 1st day from August 31, 2007, and on the average of 12,000,000 won per month on the part of the treatment expenses.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecutor in relation to D;

1. Statement of the police suspect interrogation protocol regarding G;

1. Statement made by the police on D;

1. A copy of each medical care benefit cost statement, a copy of each medical care benefit cost statement, a copy of each medical care book, a copy of each medical care report on the details of telephone statement, a copy of each medical care benefit statement, a ledger of permission to establish each medical institution (report), accusation statement, a copy of each written confirmation, a copy of each

Application of Statutes

1. Article applicable to criminal facts;

Articles 66 subparag. 3 and 30(2) of the former Medical Service Act (amended by Act No. 8366 of Apr. 11, 2007); Article 5 of the Act on Special Measures for the Control of Public Health Crimes; Article 25(1) of the Medical Service Act (Joint Imposition of Imprisonment and Fines)

2. Aggravation of concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Provided, That the aggregate of the long-term punishments of the above two crimes)

3. Discretionary mitigation;

Articles 53 and 55(1)3 and 55(1)6 of the Criminal Act ( normal circumstances such as the absence of criminal records, the substitution of a crime, and the misunderstanding of the mistake, and the fact that there is no victim of side effects) shall be considered.

4. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

5. Suspension of execution;

Article 62(1) of the Criminal Act (Calculation of the previous normal conditions)

6. Social service order;

It is so decided as per Disposition by the reason of two or more Article 62-2 of the Criminal Act.

Judges

Judges Lao Young-gu