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(영문) 의정부지방법원 2018.02.22 2017고정1801
의료법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the intention to operate the C Council member in Seocho-gu Seoul Metropolitan Government.

No person shall induce any act of introducing, arranging, or inducing patients to medical institutions or medical persons for profit, such as exempting or discounting the principal's apportionment under the National Health Insurance Act or the Medical Care Benefits Act, providing money, goods, etc., or providing transportation convenience to many and unspecified persons, etc.

Nevertheless, on May 2014, the Defendant agreed to pay to D 15% of the medical expenses paid by the patient in return for the introduction, referral, and inducement of the patient to C Council members through the Internet website of D, “E,” which is operated by C Council members, through the production and posting of a box for various kinds of procedures conducted by C Council members, the explanation of the medical products, the sale, cancellation, refund, and the customer management of the items related to the treatment.

D Accordingly, from May 2014 to December 2015, among the above “E” sites, produced and posted a public relations exhauster for the operation performed by C Council members on the said “E site, and thereafter, C Council members introduced, arranged, and induced patients to C Council members in the manner of requiring C Council members to purchase the ccoos provided by the above hospital while entering into a contract and providing guidance for refund, etc., with respect to the patient who wishes to undergo various types of procedures. In return, the Defendant paid KRW 173,61,000, 15% out of the medical expenses paid by 173,61,000, 26,041,650 out of the medical expenses paid by 190,000 won as indicated in the attached list of crimes.

As a result, the defendant had the act of inducing, arranging, and inducing the patient to the hospital for profit.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect of the defendant or D by the prosecution;

1. An investigation report (related to the number and operation of medical practice tickets -2).

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