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(영문) 창원지방법원 밀양지원 2014.03.20 2013고단625
의료법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and fines for 1,00,000 won, and imprisonment with prison labor for one year and fines for 3,00,000 won.

Reasons

Punishment of the crime

Defendant

B An operator who, around June 1986, wishes to open the “E Council member” located in D and assists in the proceedings of the above “E Council member” and from January 16, 2010, actually runs the above “E Council member,” and Defendant A, as a doctor, is employed by Defendant B on or around January 16, 2010 and serves as the president of the above hospital.

1. No person, other than a joint criminal doctor, dentist, herb doctor, midwife, State or local government, medical corporation, nonprofit corporation established pursuant to the Civil Act or any special Act, quasi-government agency established pursuant to the Act on the Management of Public Institutions, local medical center established pursuant to the Act on the Establishment and Operation of Local Medical Centers, or the Korea Veterans Welfare and Healthcare Corporation established pursuant to the Korea Veterans Welfare and

Defendant

B around December 31, 2009, at a monthly intervals of KRW 4.5 million, Defendant A made a report on the establishment of the above E in Defendant A’s name, and operated the above E members from January 16, 2010 to November 21, 2013.

As a result, the Defendants conspired to establish a medical institution even if they are not medical personnel.

2. Notwithstanding that Defendant B was not a doctor, around December 17, 2010, the Defendant acquired a total of KRW 157,275,040,00 on a total of 10,981 occasions, as indicated in the attached crime list, from around June 1, 2013, by providing F with non-licensed medical practices, such as diagnosis and prescription against F, and acquiring patient charges of KRW 25,50 and charges of the National Health Insurance Corporation, from around June 1, 2013.

Accordingly, the defendant, who is not a doctor, was engaged in medical practice.

3. He shall not perform any medical practice under employment of a person who is not entitled to establish a medical institution for the accused.

Nevertheless, the Defendant was employed by B from January 16, 2010 to November 21, 2013 to provide medical services.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol of the police statement concerning G;

1. Each report on investigation;

1. Written charge, each.

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