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(영문) 창원지방법원통영지원 2020.08.24 2020고정105
의료법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant, as a dentist, is a practical operator of the “C” in the Jinsung-gun B, D, the director of the above dental clinic, E, and F, working for the above dental staff.

1. The Defendant and the Defendant, E, and F’s joint criminal conduct: (a) conspired to conduct medical treatment and treatment for E, F, and patients G with the intention of E, F, and E, a non-medical person; and (b) according to the said conspiracy, E took a mnomammar photograph on October 11, 2017 for G dentalians.

Ultimately, the Defendant conspiredd with E and F to perform the aforementioned unauthorized practice, from the time on June 28, 2018, performed the unauthorized practice five times in total, as shown in the annexed Crime List (1).

2. The Defendant and the Defendant’s co-defendants conspired to provide E and patients with medical treatment and treatment, and, on December 26, 2016, the Defendant provided medical treatment, such as fluorries, with respect to patients He/she performed medical treatment in the foregoing dental surgery.

Accordingly, the Defendant conspiredd with E to perform the aforementioned unauthorized practice, as shown in the attached Table of Crimes (2) from October 15, 2016 to May 15, 2018, the Defendant performed the unauthorized Practice more than 159 times in total as shown in the attached Table of Crimes (2).

3. In collusion with D on February 2, 2018, the Defendant and D’s co-defendants committed the aforesaid dental surgery, and even though the Defendant performed a crypt operation with D with D, D prepared a medical record as if D had performed the above patient’s surgery, as if D performed the above patient’s surgery, and prepared a false medical record at least 237 times in total from January 4, 2017 to September 13, 2018, such as the list of crimes (3) in annexed sheet.

Summary of Evidence

1. Each protocol of suspect examination of the accused, E, and F by the prosecution;

1. Copy of the protocol of suspect examination of D by the prosecution;

1. A criminal investigation report (a medical record book is accompanied by data on an originator and an actual medical person);

1. Application of Acts and subordinate statutes for medical treatment;

1. Relevant Article of the Criminal Act and Acts of April 23, 2019 of the former Medical Service Act concerning the selection of criminal facts.

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