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(영문) 대구지방법원 2015.02.12 2013고정544
의료법위반
Text

Defendant

A A Fines 1,500,000 won, Defendant B’s fine of KRW 500,000, and Defendant D’s fine of KRW 2,000,00.

Reasons

Punishment of the crime

1. Defendant D, from June 4, 2010 to October 31, 2010, received KRW 250,000 per month as salary, under employment of the H building in Daegu-gun: (a) from a person who was unable to establish a medical institution; and (b) from a person employed by a person who was unable to establish a medical institution; and (c) to a large number of unspecified patients who found the “J hospital” established at the same time.

Accordingly, the defendant was employed by a person who is not able to establish a medical institution and provided medical treatment.

2. Defendant B received 7 million won per month from November 3, 2010 to July 6, 201 from an unspecified number of patients employed by an I who was unable to establish a medical institution at the above place and found the “J Hospital” established therein, and received 7 million won per month as benefit.

Accordingly, the defendant was employed by a person who is not able to establish a medical institution and provided medical treatment.

3. From November 24, 2010 to May 31, 2011, Defendant A employed by Defendant A, who was unable to establish a medical institution on the first-fifth-fiveth floor of the H building from around November 24, 2011, provided medical treatment to an unspecified number of unspecified patients, and received KRW 12 million each month as benefit.

Accordingly, the defendant was employed by a person who is not able to establish a medical institution and provided medical treatment.

Summary of Evidence

1. Each legal statement of the defendant A, B, and D;

1. Legal statement of the witness L;

1. Each legal statement of witness M and I;

1. Copy of the passbook of the K Hospital and details of transactions related to A benefits;

1. Submission of I’s opinion on approval, such as a daily cash log, daily cash log, night work log, day-time work log, day-time work log, and document evidencing income deduction that reverts to the year 2010 (Ma of the executive branch);

1. Copies of the second trial records of the Daegu District Court 2013 Highest 46 Highest 46 Supreme Court;

1. Application of Acts and subordinate statutes to a copy of the certificate (I) out of evidence records prepared by the Daegu District Court 2013Gohap46;

1. Article 90 of the Medical Service Act and the selection of fines for criminal facts;

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

1. Judgment on the assertion by Defendant A, B, D, and defense counsel under Article 334(1) of the Criminal Procedure Act

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