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(영문) 서울중앙지방법원 2017.11.29 2017고정2228
의료법위반등
Text

Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

The Defendant is a person who had worked as a resort at B hospital (B hospital and the National Health Insurance Corporation C hospital) from March 2009 to February 2013.

The Defendant is working in the above hospital from November 6, 201 to October 13, 2012, while sending patients who need emergency operations from D Hospital E.

“A patient who needs an emergency operation is provided with KRW 12,885,204 in total as the introduction fee to the account of the Defendant’s name, upon receiving an illegal solicitation.”

Accordingly, the Defendant introduced patients with illegal solicitation to introduce patients for profit-making purposes, and received money from the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each prosecutorial statement of the defendant and F;

1. Statement made by the police in relation to G;

1. A copy of the details of withdrawal from the account of the E bank to doctors, and the application of the attached Acts and subordinate statutes to the status of daily patients who attracts the counterpart patient of a large hospital at the D hospital;

1. Article 88 of the relevant Act on criminal facts, subparagraph 1 of Article 88 of the Medical Service Act, Article 27 (3) of the Act on the Selection of Punishment (the occupation of introducing patients for profit, the selection of fines) and Article 357 (1) of the Criminal Act (the occupation of taking over property in breach of trust and the selection of fines);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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