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(영문) 의정부지방법원 2018.02.22 2017고정1690
의료법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the intention to operate C Council members in Gangnam-gu Seoul.

No person shall induce any act of introducing, arranging, or inducing patients to medical institutions or medical persons for profit, such as exempting or discounting the principal's apportionment 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.

Nevertheless, on November 2015, through the Internet website called "E" operated by D, the Defendant agreed to pay to D 15% of the medical expenses paid by the patient in return for the introduction, referral, and inducement of the patient to C Council members through the production and posting of a public relations distribution device for various procedures conducted by C Council members, the explanation of the treatment product (1:1 store), the sale, cancellation, and refund, and the customer management of the clause related to the treatment.

D Accordingly, during the period from November 2015 to March 2016, 2016, the C Council member produced and posted promotional sponser about the procedure conducted by C Council member on the said “E” website, and then, C Council members introduced, arranged, and induced patients to C Council members in the manner of allowing C Council members to purchase the cponss provided by the said hospital while entering into a contract and providing guidance on refund with respect to various kinds of procedures of C Council members. In return, the Defendant paid KRW 17,841,00, 150, out of the medical expenses paid by 177,841,000, 26,676,150, which is 150% of the medical expenses paid by 3,974 patients who were administered using the cponss as indicated in the attached list of crimes.

As a result, the defendant had the act of inducing, arranging, and inducing the patient to the hospital for profit.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect of the defendant or D by the prosecution;

1. Investigation report (related to repairing and manipulating medical treatment tickets).

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