The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

Defendant (former name: B) is a person who had been working as D and major at C Hospital from March 201 to February 2015 after obtaining a medical license on February 2010.

A medical person shall not receive money, goods, benefits, labor, entertainment, or other economic benefits provided by a drug supplier, such as a drug wholesaler, etc. for the purpose of sales promotion, such as adoption of drugs, inducement of prescription, maintenance of transaction, etc.

Nevertheless, on January 2014, the Defendant received a proposal from (i) FF business G, a pharmaceutical company, to pay a total of KRW 550,000 in cash in the same manner eight times from May 2014, and received KRW 2,90,000 in cash from (ii) the Defendant received a proposal from (ii) FF business G, which is a pharmaceutical product manufactured and sold by (iii)F, and (iv) received KRW 550,000 in cash.

Accordingly, the Defendant, as a medical person, received KRW 2.9 million for the purpose of promoting the sale of medicines from a medicine supplier.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness G;

1. Application of a copy of business pocket book;

1. Relevant legal provisions concerning criminal facts, the former Medical Service Act (amended by Act No. 14438, Dec. 20, 2016; hereinafter the same shall apply), the former Medical Service Act (amended by Act No. 14438, Dec. 20, 201; hereinafter the same shall apply), the former Medical Service Act’s proviso

1. Penalty surcharge of 2,00,000 won to be suspended and penalty of 2,900,000 won to be collected additionally; and

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

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

1. Article 59(1) of the Criminal Act (i.e., violation of duty suspension; (ii) Article 59(1) of the same Act (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 2011; 201Do112