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선고유예
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(영문) 서울북부지방법원 2008. 6. 3. 선고 2007고정2316 판결
[의료법위반][미간행]
Escopics

Defendant 1 and one other

Prosecutor

immigration

Defense Counsel

Law Firm Mau, Attorney Lee Dong-sung

Text

Defendant 1 shall be punished by a fine for negligence of KRW 3,00,000 and by a fine of KRW 1,000,000, respectively.

When Defendant 1 and 2 fail to pay each of the above fines, Defendant 1 and 2 shall be confined in a workhouse for the period calculated by converting 50,000 won each day into one day.

Defendant 1 and 2 shall be ordered to pay an amount equivalent to the above fines.

A sentence of punishment imposed on a defendant three shall be suspended.

Criminal facts

Defendant 1 is a person engaged in corporate publicity agency business, and Defendant 2 and Defendant 3 are each doctors.

1. Notwithstanding the fact that Defendant 1 is not a medical person but a medical institution, Defendant 1 operated the above hospital from around August 2005 to March 16, 2007, including: (a) Defendant 2 and 3 are placed at the △△△△△ Branch and the above hospital that was reported under the name of Defendant 2; and (b) Defendant 2 and 3 are paid monthly pay to the above hospital that was established and reported under the name of Defendant 2; and (c) Defendant 1 operated the above hospital from around that time.

2. Defendant 2 provides medical treatment by being employed by the above △△ Women from August 2005 to March 16, 2007 by Defendant 1, who is not a founder of a medical institution, and by being employed by Defendant 2 from August 2005 to March 16, 2007.

3. From August 2005 to November 15, 2006, Defendant 3 provided treatment by being employed by Defendant 1, who is not a founder of a medical institution, at the above △△ Women’s Center, and at the above △△ Women’s Center, and by being employed by Defendant 1.

Summary of Evidence

1. Statements of Defendant 3 in part of the first trial records;

1. The statement made by Nonindicted Party 1 in the fourth trial record

1. Some statements made by Defendant 2 in each police interrogation protocol;

1. Statement made by the police on Nonindicted 1

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Defendant 1: Article 66 subparag. 3 and Article 30(2) of the former Medical Service Act (amended by Act No. 8203 of Jan. 3, 2007)

Defendant 2 and 3: Article 69 of the former Medical Service Act

Selection of each fine

1. The type to be suspended;

Defendant 3: Fines 1,000,000

1. Invitation of a workhouse;

Defendants: Articles 70 and 69(2)(50,000 won per day) of the Criminal Act

1. Order of provisional payment;

Defendant 1 and 2: Article 334(1) of the Criminal Procedure Act

1. Suspension of sentence;

Defendant 3: Article 59(1) of the Criminal Act (Article 59(1)(Article 59(1)(Article 59(1))(Article 59(1))(Article 59(3))(Article 59(1))(Article 59(1))(Article 59(3))(Article 59(1))(Article 59(1))(Article 59(1))(Article 59(1)

Judges Go Jin-jin

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