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(영문) 의정부지방법원 2018.02.22 2017고정1733
의료법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is an intention to operate a C Council member in Songpa-gu Seoul Metropolitan Government.

No person shall induce any act of introducing, arranging, or inducing patients to medical institutions or medical persons for profit, such as exempting or discounting the principal's apportionment under the National Health Insurance Act or the Medical Care Benefits Act, providing money, goods, etc., or providing transportation convenience to many and unspecified persons, etc.

Nevertheless, on October 2012, through the Internet website called D'E' operated by D, the Defendant agreed to pay 15% of the medical expenses paid by the patient to D in return for the introduction, referral, and inducement of the patient to C Council members through the production, posting, explanation of the medical procedure products, sales, cancellation, refund, customer management of the medical procedure, etc.

D Accordingly, during the period from October 2012 to March 2016, 2016, the C Council member produced and posted promotional sponser about the procedure conducted by C Council member on the said “E” website, and then, C Council members introduced, arranged, and induced patients to C Council members in the manner of allowing C Council members to purchase the cponss provided by the said hospital while entering into a contract and providing guidance on refund with respect to various kinds of procedures of C Council members. In return, the Defendant paid KRW 15% of the medical expenses paid by 3,148 medical expenses paid by 232,859,000, 15% of the medical expenses paid by 34,928,850 won as stated in the attached list of crimes.

As a result, the defendant had the act of inducing, arranging, and inducing the patient to the hospital for profit.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect of the defendant or D by the prosecution;

1. Investigation report (related to repairing and manipulating medical treatment tickets).

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