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(영문) 의정부지방법원 2017.11.02 2017고단2482
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 an intention to operate a D Council member in Gwangjin-gu Seoul Special Metropolitan City.

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 March 2012, the Defendant agreed with E to introduce, induce, and mediate patients to purchase the coophones provided by the above member using the Internet shopping mall site called F(G) in the form of mail order in which they advocate social money operated by E, and pay 15% of the medical expenses paid by the patient as the fee.

E, from March 2012 to May 2013, 2012, while providing consultation about 1:1 to patients intending to undergo various procedures on the F website, and allowing the patients to purchase the coophone provided by the above hospital to introduce, induce, and mediate patients to the D Council members, and the Defendant paid 17,549,090 won, which is 15% of the medical expenses paid by 134,93,000 won of the medical expenses paid by 15% of the medical expenses paid by 1,278 patients using the coophone as in the attached list of crimes (A-F).

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 interrogation of the suspect by each prosecutor against the defendant or E;

1. Each police statement (a copy of each police statement) made to H, I, J, and K;

1. Data on the closure of the F website screen, data on the F website, and data on the closure of the F payment system;

1. Terms and conditions of use;

1. Data on replies to health and welfare, and data on replies by L organizations and M organizations;

1. An investigation report (in relation to discount rates on the F website), an investigation report (the arm's length price, discount rate, and the like.

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