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(영문) 전주지방법원 2014.11.14 2014노275
의료법위반등
Text

Defendant

A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the fraud among the facts charged in the instant case by the prosecutor (as to the part not guilty of the Defendants in the lower judgment), in light of the fact that the Defendants violated the Medical Service Act based on the K’s information, and that the K’s statement conforms to the objective evidence, such as CCTV data and distribution list, etc., the credibility is high; P and C made a statement corresponding to this part of the facts charged in the instant case in the lower court’s court’s judgment; and P and C reversed the statement in the lower court’s court, which had been made by the investigative agency, without any return or coercion; while the statement in the investigation agency was made without any force, the statement in the lower court was contradictory to not only the above investigation agency’s statement but also within the testimony; P and C’s each statement in the lower court’s court’s court’s judgment is inconsistent with credibility; further, the Defendants did not receive hospital expenses for attracting patients or for some patients; in order to increase hospitalization of the hospital employees; and in light of the fact that the relevant Defendants had provided the Defendants with meals within the hospital’s normal hospital meals, etc.

B. As to Defendant A (as to the conviction part against Defendant A in the judgment of the lower court), regarding the alteration of private documents and the uttering of altered private documents among the facts charged in the instant case, the Defendant was actually invested in obtaining written consent from the persons consenting to the establishment at the time of the establishment of the E Medical Consumer Cooperatives (hereinafter “E Medical Life Cooperatives”).

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