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(영문) 부산지방법원 동부지원 2017.05.25 2017고정72
의료법위반
Text

Defendant shall be punished by a fine of 1.2 million won.

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

Reasons

Punishment of the crime

The Defendant is a doctor to operate the D Jeong-gu Seoul Building 701 in Busan Metropolitan City.

around July 2014, the Defendant received cash 1 million won from F, a business employee of the K-A-A-A-A-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B

As a result, the Defendant received a total amount of KRW 2.9 million from a pharmaceutical supplier for the purpose of sales promotion, such as inducing the adoption, prescription, maintenance of transaction, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes concerning witness F's legal statement;

1. Article 88-2 of the former Medical Service Act (amended by Act No. 12069, Aug. 13, 2013; hereinafter “Medical Service Act”) and Articles 23-2 and 23-2(1) of the former Medical Service Act (comprehensively, selection of fines) on criminal facts

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The latter part of Article 88-2 of the Medical Service Act;

1. Application of Article 334 (1) of the Criminal Procedure Act to the Acts and subordinate statutes of the provisional payment order;

1. On August 2014, the Defendant received KRW 2 million in cash from F, which is a business operator of the Association in the KUE, under the pretext of the promotion of the sale of the CE medicines in the DUG building 701 located in the Busan Shipping Daegu Building C, the Defendant received the payment of KRW 2 million in the DUG.

2. The prosecutor bears the burden of proving the facts charged in a criminal trial against the judgment below, and the conviction of the guilty ought to be based on evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine it with the benefit of the defendant.

In this regard, the degree of statement to F's investigative agency is the evidence that seems to correspond to this part of the facts charged.

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