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(영문) 광주지방법원 2016.08.26 2015고단1669
사기등
Text

Defendant

A Imprisonment with prison labor for a year and six months, and Defendant B shall be punished by imprisonment for a year.

(2) the date of this judgment.

Reasons

Punishment of the crime

Defendant

A from around August 1998 to around August 2009, he operated the sex capital division in the Seo-gu D branch of Gwangju, and from around August 2009, he is a specialist in the sex capital division in operation of the F sexual capital division (hereinafter “G sex capital division”) located in the 8th floor of the Seo-gu building in Gwangju-gu, Seo-gu, Seoul, and Defendant B is a assistant in the sex capital division in G, and Defendant B is a assistant in the nursing division in the workplace.

1. Joint crimes committed by Defendant A and B;

(a) No person other than a medical person who violates the Medical Service Act (the occupation of unlicensed medical practice) shall perform any medical practice, and no medical person shall perform any medical practice other than that licensed;

Nevertheless, Defendant A is not qualified for Defendant B, but has been engaged in the surgery technology at H hospitals, etc. in early 1990 and thereafter has been engaged in unlicensed medical practice and has been engaged in the surgery experience. Defendant B employed Defendant B around 1998, provided a vice president, a vice president, and a white town as if he were a doctor belonging to the hospital, and shared various duties, such as the opening of a city where sexual surgery is performed, and part of follow-up treatment for surgery patients has been given.

During that period, Defendant A, at around December 12, 2012, was in charge of follow-up treatment to Defendant B, who is not a medical personnel, from December 15, 2012 to January 5, 2013, with respect to the patient I (son, 29 years of age) who was in charge of the peripheral surgery. Defendant B, while performing follow-up treatment for the foregoing period, solely with I, during the foregoing period from September 26, 201 to July 29, 201, was in charge of 95 times in total, as shown in the attached Table 1 of Crimes.

Accordingly, the Defendants conspired to violate the Medical Service Act.

(b) No person, other than medical technicians, etc. violating the Act on Medical Technicians, etc., shall perform duties of medical technicians, etc.;

Nevertheless, Defendant A, who is not a medical technician, etc., had Defendant B take charge of the iono radiation (X-ra) test on patients, and Defendant B independently conducted the iono radiation test on December 12, 2012 with respect to the said I around January 2, 2005 to July 24, 2015.

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