의료법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal did not receive money from I and K along with a request to prescribe H, but the court below found the Defendant guilty of the facts charged of this case by misunderstanding the facts, which affected the conclusion of the judgment.
2. Summary of the facts charged in this case and the judgment of the court below
A. The summary of the facts charged in the instant case is a doctor who operated a hospital with the trade name “E” in Busan Jung-gu.
No medical person, founder of a medical institution, nor person working for a medical institution shall receive money, goods, or other economic benefits provided from a drug supply business entity for the purpose of sales promotion, such as adoption of and guidance for prescription of drugs.
1) From January 2013 to March 2013, the Defendant was issued KRW 8 million,00,000,000 to the Defendant, at the hospitalization room of “I hospital,” where the Defendant was hospitalized in a kid transplant surgery, as a drug supplier, from the business employees I of H, Inc., a drug supplier, to prescribe drugs, such as J, which is a medicine of H., a drug supplier.
2) From June 2013 to November 2013, the Defendant received approximately KRW 6-7,00,000 each time from K’s operating staff, a medicine supplier, and received KRW 7 million as well as a solicitation to request K to prescribe medicine, such as the J, which is a medicine supplier, at the medical clinic of the above Defendant’s operating hospital.
B. The lower court found the Defendant guilty of the facts charged by compiling the evidence as indicated in its judgment.
3. Determination on whether a deliberation was made
A. Comprehensively taking into account the following circumstances, comprehensively taking account of the evidence duly admitted and examined by the lower court and the witness I’s legal statement from January 2013 to March 201 of the same year, the part that received KRW 8 million from I, which was duly admitted and examined by the lower court, from January 2013 to March 201 of the same year, the Defendant’s request to prescribe and request H’s medicine from I, an operating member of H, as described in this part of the facts charged, as well as 8 million won.