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(영문) 서울동부지방법원 2016.11.28 2016고단2779
보건범죄단속에관한특별조치법위반(부정의료업자)등
Text

Defendant

A Imprisonment of two years and fine of 10,000,000 won, Defendant B of one year and six months and fine of 4,000,000 won, respectively.

Reasons

Punishment of the crime

1. Defendant A

(a) No person, other than a medical person (a medical doctor, dentist, oriental medical doctor, midwife, or nurse) who violates the Act on Special Measures for the Control of Public Health Crimes, shall perform medical practice;

피고인은 2012. 1. 16.경 서울 광진구 F빌딩 501호에 있는 무면허 치과 의료시설에서, 의자, 시린지, 교합기, 충치땜빵초 등의 치과시설을 갖춘 다음, 치과의사가 아님에도 그곳을 방문한 G(범죄일람표 1 연번 제1항)의 치아 상태를 진단하고 G의 치아에 메탈 크라운을 시술하고 현금 175,000원을 치료비 명목으로 제공받았다.

In addition, from such date to April 2016, the Defendant engaged in dental treatment business for profit-making purposes even though the Defendant was not a dentist, as described in the attached Table 1, in collusion with the following Defendant B, from September 2013 to April 2016 (from around April 2016 to April 2016).

B. The Defendant violating the Medical Technicians Act shall be on January 16, 2012.

At the place described in paragraph (1), without obtaining a dental technician license, set up a malicious part framework for I's request from H, a dentist, and supplied the above H operation "K" located in Gangdong-gu Seoul Metropolitan Government J.

In addition, from the above date to May 18, 2016, the Defendant produced and supplied Bosil and other relic as indicated in attached Table 2, and performed dental technicians’ duties, such as manufacturing, repairing, and processing of Bosil and other relic without a dental technician’s license.

2. Defendant B- Violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Business Operators, etc.) was asked by the above A to the effect that “Ne is qualified as a domestic dental technician and as a Chinese dentist’s license at a non-licensed dental medical institution as described in paragraph (1) around September 2013, the Defendant provided dental services for the purpose of making profits even if it is not a medical personnel.”

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