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(영문) 부산지방법원 2013.10.24 2012고단10801
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment for a term of two years and a fine of ten million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is an assistant nurse who works in the position of the head of the operating office of an E Hospital with D from February 7, 2011.

No person other than a medical person shall perform medical practice, and no medical person shall perform any medical practice other than that licensed.

Nevertheless, around January 6, 2012, the defendant received instructions from D to take charge of general surgery and conspired to engage in non-licensed medical practice for D and for profit-making purposes.

At around 14:00 on January 6, 2012, the Defendant, at the operating room of the above hospital, opened 5 centimeters away from the right part of the F in the state of defects caused by general anesthesia to the surface of the water in which the G, who is a narcotics nurse, had D acquire 58,161 won of patient charges and 232,647 won of the charges of the National Health Insurance Corporation, which are operating expenses, by taking out the franchis together with the franchis and saving them into the franchis.

In addition, from that time until September 25, 2012, the Defendant conspired with D more than 104 times in total, such as the list of crimes (1) and list of crimes (2) in attached Form No. 1 and the list of crimes (2), and caused D to acquire profits equivalent to KRW 50,341,396 in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of suspect examination of the prosecution against G, D, H, and I and copies thereof;

1. Each police statement and copy of each police statement of the J, K, L, M, N,O, P, Q, R, T, U, V, X,Y, Z, AB, Z, AC, AE, AE, AF, AH, AI, AJ, AK, AK, AL, AM,N, and each police statement and copy thereof;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List Nos 58,63);

1. Relevant Article of the Act on Special Measures for the Control of Public Health Crimes and the Selection of Punishment; Article 5 of the Act on Special Measures for the Control of Public Health Crimes; Article 27 (1) of the Medical Service Act; Article 30 of the Criminal Act;

1. The reason for sentencing of Articles 70 and 69(2) of the Criminal Act leads to the instant crime according to D’s instruction, which is an employer, as an employee’s status.

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