Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 700,000, respectively.

The above fines are imposed by the Defendants.

Punishment of the crime

Defendant

B is a doctor as the representative of F Council member of the Namdong-gu, Incheon, and the third level, and the defendant A is the chief of F Council member of the above F Council.

No person other than a doctor who directly engages in the medical service, and directly examines, shall prepare a prescription slip and deliver it to the patient.

around July 8, 2014, Defendants B conspired with the Defendants to issue a prescription to G without directly examining patients G who were within the above Council member, and Defendant B issued a prescription by printing out the prescription to G.

Summary of Evidence

1. The Defendants’ partial statements in the first trial record;

1. A H statement;

1. Application of a copy of G medical treatment records and a copy of G prescription;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 89 and 17 (1) of the Medical Service Act, and Article 30 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Determination on the issues of Article 334(1) of the Criminal Procedure Act

1. The Defendants and their defense counsel asserted that even if Defendant A issued a prescription to G with the direction of Defendant B without a direct medical examination of G, Defendant B ought to be deemed to have directly diagnosed G in light of the background of the internal origin of G and the fact that Defendant B provided medical treatment several times with the same symptoms.

The provision that a doctor shall not prepare and deliver a prescription, etc. without having to face-to-face or to the patient without having to undergo a sufficient medical examination. However, a medical record is not a provision that prohibits a doctor from issuing a prescription without having to face-to-face or without having to undergo a sufficient medical examination. However, the medical doctor’s own diagnosis and without having to undergo a medical examination, or from issuing a prescription without having to hear the contents of the medical examination. Thus, Supreme Court Decision 201Da458, Apr. 11, 2013.