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(영문) 서울중앙지방법원 2014.10.16 2014고단5448
의료법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall introduce, arrange or induce patients to medical institutions or medical persons for profit, and instigate such act.

From June 4, 2009 to May 2, 2013, the Defendant was the head of the E Hospital Administration Office located in Kimpo-si, and from May 2, 2011 to May 2, 2013, the Defendant was in charge of the duties of attracting patients to each of the above hospitals while serving as the head of the headquarters of the G Hospital located in the G Hospital in the Gopo-si, Gopo-si from May 2, 2011 to May 2, 2013. The Defendant decided to attract patients by providing 30-40,000 won per patient to an emergency driver or a patient who introduced the patient to be hospitalized, or by paying the transfer fee to be paid by the patient to the emergency vehicle engineer on behalf of the Defendant.

On March 2, 2011, the Defendant transferred 40,000 won to H of an emergency engineer who was in a mental patient to the account under his/her name as a community credit cooperative in the name of the Defendant, and at this time, from May 3, 2012 to May 3, 2012, the Defendant transferred 36,650,000 won in total as the price for patient introduction to the emergency engineer, etc. 99 times in the same manner as indicated in the attached list of crimes.

Accordingly, the defendant ordered the emergency vehicle article, etc. to introduce, arrange, and induce patients to medical institutions for profit.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the examination of suspect with regard to I;

1. Medical institution establishment licenses, the details of financial transactions, and the application of Acts and subordinate statutes on investigation reports (attached to account details);

1. Article 88 or 27 (3) of the Medical Service Act applicable to the crimes. Article 88 or 27 (3) of the same Act.

1. Circumstances in favor of sentencing under Article 62(1) of the Criminal Act: The recognition of and reflects on crimes, the fact that there is no record of crimes exceeding the same criminal records and fines before the completion of the instant crimes, and the treatment of emergency patients transferred to emergency patients, which have been excessively low, are the main causes of the instant crimes, and have long-term practices.

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