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(영문) 대전지방법원 2015.05.20 2015고정89
의료법위반
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

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

Reasons

Punishment of the crime

No medical doctor or herb doctor shall provide any medical treatment under employment by a person who is not entitled to establish a medical institution.

From November 6, 2012 to March 15, 2013, and from June 3, 2013 to May 29, 2014, the Defendant performed medical acts, such as setting an intrusion on patients employed by E, who cannot be the founder of a medical institution at the above CFD’s D D Medical Center, under the condition that he would receive monthly salary of KRW 5,500,000,000, and find out the place.

Summary of Evidence

1. Defendant’s partial statement in the court (the Defendant did not know that he was employed individually by E and provided medical services, and thus, there was no intention in violation of the Medical Service Act. However, in light of the fact that the instant council member conducted medical treatment for a prolonged period of not less than two years, it was well aware that E was well aware of the fact that he conducted important decisions related to the operation of the union, such as interview, employment, salaries, etc., determination of working conditions such as wages, payment of wages, dismissal, intensive provision to patients, claim for medical care benefits, etc., and that he was aware of the fact that he was aware of the fact that he was aware of the fact that he was provided with monthly pay from anyone who is not

1. The protocol of interrogation of police officers regarding E (a statement to the effect that E was a de facto representative, and that the Korean medical doctor was aware of the fact that E was a office funeral hospital, as the Korean medical doctor referred to in E as “the president”).

1. Each police interrogation protocol against F, G, H, I, J, and the accused;

1. Application of each statute on the statement by police to E, K, L, M, N, andO;

1. Article 90 of the Medical Service Act concerning criminal facts;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of punishment] 3 million won or less (the decision of sentence] employment period, and the defendant's age, occupation and environment, circumstances, contents, and crimes of this case.

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