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(영문) 수원지방법원 2018.02.19 2017고정1032
의료법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a doctor who operates G Council member in Suwon-si F.

No person, other than a doctor, dentist, or oriental medical doctor, who directly engages in medical service and has conducted a diagnosis or examination, shall prepare a medical certificate, death certificate, certificate, or prescription and issue it to a patient.

Nevertheless, at around 13:05 on July 13, 2015, the Defendant prepared and issued to I a prescription (non-insurance) stating that “I may not directly examine the ethyl hex (excluding the number of exemption included in the stroke m), which was previously prescribed by I, because I would make it impossible for I to go to the hospital,” and that I would like to prepare and issue I a prescription (non-insurance) stating that I would have prescribed the ethyl 28th of the stroke, even though I had not conducted a direct medical examination. From that time to July 14, 2016, the Defendant did not directly examine the stroke 10 times as described in the attached list of crimes (2).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness I and H;

1. Details of health insurance benefits and medical care benefits, and records of each treatment set of J Council members (I, H, and K);

1. Personal immigration status (K) and the response of factual inquiries about UBcare Co., Ltd. (the Defendant denied the crime that the Defendant issued a prescription under the name of H et al., but there is no reason to harm the Defendant while taking charge of the punishment for perjury; compared with the number of visits by H’s Council members and the details of prescription in the medical record, etc. compared with the number of visits by H et al., in comparison with the prescription details in the name of H et al., if H visited a Council member and asked the Defendant to prescribe by proxy at an additional time, it is recognized that the Defendant immediately issued the I’s medical treatment ethyl prescription after leaving the I’s medical ethyl set and immediately issued the I’s medical ethyl prescription, and there is no special doubt or reasonable doubt about the charged facts).

Application of Statutes

1. The former Medical Service Act (Act No. 1440, Dec. 20, 2016) applicable to criminal facts.

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