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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a herb doctor who is operating one of the C Council members in Seocho-gu Seoul Metropolitan Government.
No person shall induce any act of introducing, arranging, or inducing patients to medical institutions or medical persons for profit, such as exempting or discounting the principal's apportionment under the National Health Insurance Act or the Medical Care Benefits Act, providing money, goods, etc., or providing transportation convenience to many and unspecified persons, etc.
Nevertheless, on April 2015, the Defendant agreed with D to pay 15% of the medical expenses paid by the patient as the fee to purchase the coophone provided by the hospital through the Internet website called “E” operated by D, a mail order distributor, in return for inducing and arranging the patient to purchase the coophone.
D) Accordingly, during the course of consultation between April 27, 2015 to June 2016, 1:1: (a) the patient intending to undergo various types of procedures on the said “E” website, and (b) the patient purchased a coophone provided by the said hospital to the patient and had the patient undergo the procedure at the said hospital; and (c) induce and arrange the patient to undergo the procedure at the said hospital; and (d) the Defendant paid KRW 24,43,025, out of the medical expenses paid by 162,953,50, 15% of the medical expenses paid by the patient 1,591 using the coophone as indicated in the attached list of crimes.
As a result, the defendant had the act of inducing, arranging, and inducing the patient to the hospital for profit.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the examination of suspect prepared by a public prosecutor against the defendant or D;
1. Attachment to the E-site screen closure, investigation report (in relation to each E-site purchase volume manipulation, each E-site's submission of data verified by the suspect at the time of investigation of the suspect, F phone investigation by the developer of the E-site, preparation of false short-term devices, report on the analysis of seized articles 1: refund, report on the analysis of seized articles 2: dupphone;