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(영문) 서울중앙지방법원 2016.11.01 2016고정2860
의료법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a medical person who is a doctor as the president of the Gangnam-gu Seoul Metropolitan Government 118’s “Cneological Institute”.

No medical person shall prepare a false medical examination and treatment record, etc. or make an additional entry or revision intentionally differently from the fact.

1. Around March 19, 2013, the Defendant violated the Medical Service Act with respect to the patient D’s medical examination and treatment records: (a) stated the results of the medical examination as if the patient was provided with medical treatment without having actually provided medical treatment by the patient D at the above hospital; (b) prepared and provided the medicine, such as the lease gate, etc. for 14 minutes; and (c) falsely prepared five times in total from that time until November 26, 2013, such as the list of crimes (1) in the annexed list of crimes (1).

Accordingly, the defendant prepared the medical records in a false manner.

2. Around December 6, 2011, the Defendant violated the Medical Service Act with respect to the patient E’s medical treatment records, on the part of the patient E, entered the result of the medical examination as if the patient was provided medical treatment without having been provided with counseling only by telephone and having actually provided medical treatment to the above hospital, and prepared a medical record as if the patient was provided with the above patient’s internal examination and treatment, and prepared a false medical record with regard to the preparation and payment of the chemical substance of the life-to-child Lithium medicine from that time until November 6, 2013.

Accordingly, the defendant prepared the medical records in a false manner.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. G Fact-finding certificates;

1. Each medical record;

1. Detailed statement of each medical care benefit cost;

1. Report on telephone statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant provisions of the Criminal Act and Articles 88 and 22 (3) of the Medical Service Act concerning the selection of punishment.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Penalty of one million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence

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