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(영문) 대구지방법원 2015.09.23 2015고정1024
의료법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the president of the “C Council member” in Daegu Suwon-gu B and 5.

1. No person who has violated the Medical Service Act with respect to soliciting a patient shall introduce, arrange or induce a patient to a medical institution or a medical person for profit, such as exempting or discounting the patient's share under the National Health Insurance Act or the Medical Care Assistance Act, providing money, goods, etc., or providing transportation to many and unspecified persons, or instigate such act;

Nevertheless, from February 2, 2015 to April 15, 2015, the Defendant: (a) made the items “traffic and return service” on the website (D) of the said member; and (b) posted the phrase “traffic and return service guidance; and (c) induced the patient to the said member for profit.”

2. Where any medical corporation, medical institution or medical person that has violated the Medical Service Act, intends to run an advertisement using the media displayed on placards, posters, leaflets, transportation facilities or means of transportation among outdoor advertisements defined in subparagraph 1 of Article 2 of the Outdoor Advertisements, etc. Control Act, the contents and methods of the advertisement shall be deliberated by the Minister of Health and Welfare.

Nevertheless, without deliberation by the Minister of Health and Welfare from February 2, 2015 to April 19, 2015, the Defendant run a medical advertisement by attaching the advertising materials stating “E” and “F” to both sides of G G Dota City or vehicles used from the above member for business purposes.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. C website;

1. A certificate and advertisement of deliberation;

1. Application of the Acts and subordinate statutes on the side surface of G vehicle;

1. Relevant legal provisions and the main text of Article 88 and Article 27(3) of the Medical Service Act (the act of inducing patients, the selection of fines) regarding criminal facts, and Articles 89 and 57(1)2 of the Medical Service Act (the medical service advertisements and the selection of fines) and the defense counsel are actually conducted through traffic and return service.

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