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(영문) 서울중앙지방법원 2018.01.18 2017고단3331
사기등
Text

Defendant shall be punished by a fine of 25 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Medical Service Act;

(a) A medical person who has not entered in the register of medical treatment shall keep an electronic medical record, etc. and enter the matters and opinions concerning the medical practice, such as the main symptoms, diagnosis and treatment of the patient in detail and sign thereon;

Nevertheless, on August 20, 2014, the Defendant did not record and sign the main symptoms, blood collection-related contents, etc. in the treatment record book, even though he/she performed medical acts, such as diagnosing and treating patients, and collecting blood from the Gangnam-gu Seoul Metropolitan Government 15 G 15 level.

Accordingly, the Defendant failed to prepare a medical record for the patient I.

(b) No medical person who prepares a false medical treatment record shall falsely prepare a medical treatment record, etc. or intentionally enter or revise any additional record differently from the fact;

On September 22, 2014, the Defendant entered false information in the medical record register as shown in the “Trrater Patet 20 Pints” in addition to the written “Trater Pate 20 Pints” in his/her medical record book to the effect that the Defendant, even though he/she had not administered the blood plate to the patient I.

As a result, the defendant made a false record of patient I's medical treatment.

2. Any person who intends to engage in the business of manufacturing medicines in violation of the Pharmaceutical Affairs Act shall be equipped with necessary facilities in accordance with the facility standards prescribed by Presidential Decree and obtain permission from the Minister for Food and Drug Safety.

Nevertheless, the defendant operated by the defendant in Geumcheon-gu Seoul Metropolitan GovernmentJ around August 2014.

In K, by using blood collected from the children of patients I, he/she manufactures immunocell injections, a medicine, without the permission of the Minister for Food and Drug Safety, and collects his/her blood again on September 22, 2014 and manufactures immunocell injections, as well as the blood collected from patients or their employees from July 22, 2013 to September 2014.

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