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(영문) 부산지방법원 동부지원 2018.01.23 2017고합175
의료법위반등
Text

A defendant shall be punished by imprisonment for two years.

1.47 billion won shall be additionally collected from the defendant.

As to the defendant.

Reasons

Punishment of the crime

The defendant is a planning director of the H hospital affiliated with the G Medical Foundation, which is located in the F of Busan City, and has overall control over the adoption, etc. of the above hospital.

In September 2014, the Defendant received a cash receipt of KRW 16 million from around 2017 to May 2017, from the representative K of the J (hereinafter “J”) wholesale merchant Co., Ltd. (hereinafter “J”) which supplies drugs to the said hospital and its nearby I pharmacy, and received KRW 16 billion in total from around 333 times, as shown in the list of crimes in the attached Table, to the effect that the supply of drugs would cause maintenance or increase in the supply amount of the drugs.

As a result, the Defendant received 1.477 billion won from K representative of J, which is a pharmaceutical supplier, in response to illegal solicitation, and received money provided for the purpose of promoting sales such as adoption, prescription inducement, and maintenance of transaction from the pharmaceutical supplier.

Summary of Evidence

1. Partial statement of the defendant (as at the fourth public trial date);

1. A copy of the protocol concerning the examination of suspect to the public prosecutor with regard to K, or a copy of the protocol concerning the examination of suspect to the public prosecutor;

1. Making some statements concerning M, among copies of the protocol of interrogation of the suspect under subparagraphs 1 and 5 of the prosecution against M, or copies of the protocol of three-time interrogation of the suspect under the prosecution against N;

1. An investigation report (the current status of the K sale discount of the Co-operation Bank), an investigation report (specific amount of rebates offered for the supply of medicines, such as a suspect K and H hospital), an investigation report (report on the confirmation of the amount of false benefit payment), an investigation report (specific amount of the amount provided for the supply of medicines to a suspect K and H hospital), an investigation report (specific amount of the amount provided for the supply of medicines to a suspect K and H hospital), and an investigation report (the fact that a suspect P requests an increase of financial expenses for the supply of listed medicines to H hospital);

1. The monthly supply amount, such as the J sale discount details, Q Hospital, etc., and the H hospital, etc.

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