I have a question for a medical attorney.

First, under Article 233 of the Criminal Act, preparing a false medical certificate is a crime punishable by imprisonment with labor of up to 3 years or imprisonment without labor, suspension of qualification for up to 7 years, or a fine of up to 30 million won.

In addition, under Article 66 of the Medical Service Act, when a person falsely prepares and issues a medical certificate, an autopsy report, or a certificate, falsely prepares medical records, or intentionally adds or modifies entries contrary to the facts, the license may be suspended within a period of 1 year.

Furthermore, if a person asks a medical practitioner to prepare a false medical certificate, that person may be established as an instigator of the crime of preparing a false medical certificate, and if a medical practitioner prepares a false medical certificate in order to unlawfully receive medical care benefits, the practitioner's license may be revoked.

Therefore, where the purpose is not such, because intent is important in determining whether this crime is established, proving that the false content was not prepared intentionally can lower the level of punishment.

In addition, in determining the level of punishment, the circumstances that led to the preparation of the false medical certificate, the degree of the false content, the resulting consequences, and the author's remorse are comprehensively considered.

If there was an improper motive, it may work unfavorably, and in order to reduce the punishment, it is important to honestly acknowledge the wrongdoing and to show deep remorse during the investigation or trial.

In addition, through the assistance of a medical attorney experienced in cases relating to the Medical Service Act, you should explain in detail the circumstances that led to the preparation of the false medical certificate, while showing sincere remorse rather than making excuses.

Our firm, with a medical attorney and a criminal law attorney working together, presents active defense strategies based on extensive experience in the Medical Service Act, the Criminal Act, and document-related crimes.