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Defendant
A Imprisonment of 10 months, and Defendant B shall be punished by a fine of 5 million won, respectively.
However, as to Defendant A, this shall not apply.
Reasons
Punishment of the crime
Defendant
A As a doctor, from August 9, 201 to September 8, 2015, a person who operated a department of H anesthesia pain (hereinafter “H member”) in Songpa-gu Seoul Metropolitan Government, and Defendant B, as a nursing assistant, was operated by the said H member from June 2012.
1. The Defendants’ joint criminal acts (non-licensed medical acts) are prohibited from providing any medical acts other than those licensed, and medical persons are not prohibited from providing any medical acts other than those licensed. However, the Defendants conspired to provide medical acts such as medical treatment and injection by Defendant B with respect to the patients who were found to be in order to provide non-medical treatment separately within the above H members.
Defendant
B, around March 13, 2014, according to the above public-private partnership relation, consulted with the patient I who was found to treat the patient I, and performed medical acts, such as her prompt name, "local decomposition injection" and "high frequency treatment," and between January 4, 2014 and September 4, 2014, for total 13 patients, as shown in the annexed list of crimes.
As a result, the Defendants conspired to conduct a non-licensed practice.
2. Although Defendant A’s sole criminal act (the false preparation of a medical record) intentionally prepared or intentionally revised a medical record, etc., he/she solicited the Defendant to prepare a medical record book for non-medical patients as if the Defendant provided medical treatment and treatment, as described in the preceding paragraph, after which he/she provided treatment and treatment as described in the preceding paragraph, by inserting special features among the contents of treatment.
around March 13, 2014, the Defendant: (a) at the above H member’s clinic around March 13, 2014; and (b) at the above H member’s clinic, the Defendant consulted the patient I with the patient I who was found to receive non-treatment as described in the preceding paragraph; and (c) performed medical acts, such as a prompt term “local decomposition injection” and “high-frequency treatment.”