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(영문) 인천지방법원 부천지원 2018.02.28 2017고정852
의료법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a director of the medical corporation D.

No person shall induce a patient to a medical institution for profit, such as exempting or discounting the patient's share under the National Health Insurance Act or the Medical Care Benefits Act.

Nevertheless, the Defendant entrusted and operated F from July 1, 2012 to December 31, 2015, and induced patients to F for profit by arbitrarily reducing KRW 32,898,390 in total, as shown in attached Table 1 to 5, as in the List of Offenses No. 1 to 5.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of witness G;

1. Copy of each suspect examination protocol against H or A;

1. Application of the agreement on consignment of welfare facilities for older persons to the entrusted operation thereof, and statutes governing the reduction of medical expenses;

1. Relevant legal provisions and Articles 88 and 27(3) of the former Medical Service Act (amended by Act No. 14438, Dec. 20, 2016); and the selection of fines for criminal facts

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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