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(영문) 서울남부지방법원 2014.01.15 2013고정3277
의료법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a person in charge of medical institution management in the position of the director of C Hospital headquarters, which is a branch of B director as a foundation, and the defendant foundation B was established for the purpose of establishing a medical institution as a profit-making business in order to cover expenses for the scholarship payment projects and projects on September 13, 2007.

1. Defendant A shall not introduce, arrange, or induce patients to medical institutions or medical persons for profit, such as providing transportation to many and unspecified persons, and arrange such act. Nevertheless, around 09:50 on July 22, 2013, the Defendant: (a) ordered F to put E (the age 65), a patient with blood speculation (the age 602), located in Yangcheon-gu Seoul Metropolitan Government D Apartment 602, a patient with household blood speculation (the age 65) to the H Hospital located in Gangseo-gu Seoul Metropolitan Government Gangseo-gu, Seoul Metropolitan Government, 15:38 after the blood speculation was completed.

In addition, around 15:40 on July 25, 2013, at the H C Hospital located in Gangseo-gu Seoul Metropolitan Government, J, as an employee, had 6 patients, including I and seventy-two years of age, lay down to the house of each patient using the K Costaex vehicle, as well as from February 9, 2012 to August 2, 2013, approximately 25 patients per day during the period of the use of the L, Muland motor vehicle managed by the Defendant, from the home to the hospital.

Accordingly, the defendant provided a large number of unspecified patients with transportation convenience for profit-making purposes.

2. A, who is an employee of the above Foundation B, committed the above-mentioned violation in relation to the defendant's business.

Summary of Evidence

1. Defendant A’s legal statement

1. Each police statement made to J and F;

1. Each statement of F and N;

1. Application of a certified transcript of corporate register, a transportation delivery record, a patient's medical treatment record, and a petition;

1. Article 88 and Article 27(3) of the Medical Service Act (Selection of Fine): The corporation incorporated by the defendant shall be subject to the provisions of Articles 91, 88, and 27(3)1 of the Medical Service Act;

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