Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

The defendant is a doctor working for the Daegu C Hospital.

No medical person shall prepare a false medical record, etc. or intentionally enter or revise a false medical record, etc. differently from the fact.

Nevertheless, on May 3, 2014, the Defendant, at E Hospital located in Daegu-gun D on May 3, 2014, received a request from the Secretary-General of the above Hospital F to work as a daily doctor on duty and received a request from him/her to find the emergency room of the above hospital, and prepared a medical records in the name of H, which is a doctor belonging to the above hospital, and prepared a medical records in the name of H as shown in the attached list of crimes

6. For a period of two days until July 2, 200, the medical records of patients who found the above hospital were prepared in the name of H and I, which are doctors belonging to the E hospital.

As a result, the Defendant made a false record of treatment.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Records of the emergency room (the page 104 through 107 of the investigation records);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a compliance program by a person);

1. Article 88 and Article 22 (3) of the Medical Service Act (Selection of Penalty) concerning a crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of 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 defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. The Defendant’s entry is not “medical record” under Article 22(3) of the Medical Service Act, but “electronic medical record” under Article 23(1), and there is no penal provision under the Medical Service Act regarding the preparation of false electronic medical record.

B. Even if an electronic medical record is considered as a medical record, it does not constitute a violation of Article 22(3) of the Medical Service Act, rather than falsely stating the patient’s symptoms, treatment details, etc. as prescribed by the Enforcement Rule of the Medical Service Act.

(c)

The defendant shall treat patients on the screen of an electronic medical record prepared by the nurse.