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(영문) 인천지방법원 2013.12.20 2013고정3576
의료법위반
Text

The sentence of sentence shall be suspended for the defendant.

Of the facts charged in the instant case, an exaggerated advertisement is made.

Reasons

Punishment of the crime

The Defendant is an intention to operate the “D” in the Incheon Gyeyang-gu C building.

No medical institution shall use any name other than the name according to the type of medical institution under the Medical Service Act.

Nevertheless, around October 2012, the Defendant used the name of “E” instead of D in the advertising board and the width advertising board of the first floor of the C building.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the false and exaggerated advertising documents and the report ledger on the establishment of medical institutions;

1. Relevant provisions of the Criminal Act and Articles 90 and 42 (1) of the Medical Service Act for the selection of punishment for a crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and the defense counsel's assertion of the defendant and the defense counsel under Article 59 (1) of the Criminal Code (the defendant newly arranged the signboard after the instant case and removed the advertisement board attached to the wall, etc., taking into account the process of detection of the instant case, etc.: fine of KRW 500,000,000: KRW 50,000 per day: 50,000) of the suspended sentence (the defendant and the defense counsel), and the part "E" merely stated the specialized department in the order of "D Council members" and it was not used as the name

On the other hand, the Medical Service Act prescribes the type of medical institution and regulates the use of its name so that the general public can distinguish the type of medical institution and prevent confusion or confusion in accordance with the name indication of medical institution. According to the Medical Service Act, only the case where the founder of a medical institution is a professional may indicate the specialized department between the inherent master and the name of the medical institution. The following circumstances, which are acknowledged by the evidence of the above macroscopic evidence, are indicated on the wall attachment advertisement board that is linked to the “F” after the “F”, the unique master of the “Dwon” operated by the Defendant, and the “F” is indicated below.

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