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(영문) 전주지방법원 군산지원 2015.09.18 2015고정212
의료법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

1. Defendant A is the chief director of the B (D) who is established for the purpose of health and medical business (Establishment and Operation of Medical Institutions) for the establishment of health of its members.

No act of introducing, arranging, or inducing patients to medical institutions or medical persons for profit, such as providing transportation to many and unspecified persons, and acts of arranging such act shall be prohibited.

Nevertheless, from August 18, 2014 to October 4, 2014, the Defendant: (a) from D Council members located in Gunsan-si E to F for the purpose of profit-making by having F operate the said GG car owned by the said association; and (b) let many and unspecified people find the said council members provide transportation convenience.

2. The chief executive officer, at the above temporary location of Defendant B, committed the above-mentioned violation.

Summary of Evidence

1. Defendants’ partial statement

1. Statement of the police statement related to F, and daytime planning list;

1. H's certificate;

1. On-site photographs (referred to as evidence list 5);

1. Application of Acts and subordinate statutes to the report on establishment of medical institution, the report on establishment of medical institution, the certificate of authorization, and full registration;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 88 and 27(3) of the Medical Service Act (Selection of Fine);

(b) Defendant B: Articles 91, 88, and 27(3) of the Medical Service Act

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: the Defendants and the defense counsel regarding the assertion by the Defendants under Article 334(1) of the Criminal Procedure Act and their defense counsel; Defendant B is subject to the Consumer Cooperatives Act prior to the relevant Acts in relation to health care business for the union members, etc. under the Consumer Cooperatives Act; thus, in this case, the Medical Service Act does not apply, and even if the Medical Service Act applies, the Defendant’s act against many and unspecified persons as it provided vehicles for traffic convenience at the request of the union members who

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