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(영문) 서울중앙지방법원 2019.05.16 2019고정546
의료법위반
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the president of the Seoul Seocho-gu Seoul Metropolitan Government C Hospital.

No person shall introduce, arrange or induce patients to medical institutions or medical persons for profit, or instigate such act.

Nevertheless, around July 22, 2014, in order to improve sales related to the above hospital’s health examination, the Defendant entered into a management consulting and promotional consignment agreement with E, which provides that “E shall invite patients who intend to undergo health examination, and promise to undergo health examination at the above hospital of the relevant patient,” and the Defendant shall pay 30% of the expenses incurred in health examination received from the above hospital upon receipt of the health examination at the above hospital’s health examination at the above hospital.”

E employed business employees according to the above contract and sold or distributed the above hospital health examination tickets, and provided guidance to the above hospital on behalf of the pre-contract so that a person who has the above hospital health examination tickets can undergo health examination at the telephone number listed in the above medical examination tickets, if he / she wants to do so.

On November 24, 2014, the Defendant: (a) promised to conduct health examinations through E; (b) conducted health examinations with respect to F who found the above hospital; and (c) paid 30% of the costs of health examinations conducted from F to E; and (d) thereafter, until September 25, 2017, the Defendant introduced total of 16,097 patients from E from E and paid 30% of the costs of health examinations received from the said patients, as indicated in the separate list of crimes.

Accordingly, the defendant has induced the act of introducing, arranging, and inducing patients to medical institutions for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on prosecutor's statement to E;

1. Article 88 of the Medical Service Act applicable to the relevant criminal facts and Article 88 of the select of punishment;

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