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(영문) 대구지방법원 서부지원 2013.10.02 2013고단1011
의료법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a medical person who served as the head of the F Hospital located in the Daegu Seo-gu E from April 2010 to June 2013, and G is a medical device manufacturer, an export and sales chain company, H’s business employees, and the representative director of H, a medical device sales company.

On December 2, 2010, the Defendant received a proposal from the above F Hospital to the effect that “When using the medical device for spine surgery handled at H of the Company, the Defendant would make cash by settling it monthly according to its sales,” and accordingly, the Defendant accepted KRW 5,360,000 in return for its adoption in proportion to the trading price of the medical device for spine surgery used by the said Company as drinking.

In addition, the Defendant received total amount of KRW 250,470,000 from G over 31 times in the same manner as the written list of crimes in the attached Form from the above date to June 2013.

As a result, the Defendant received economic benefits from a medical device distributor for the purpose of facilitating distribution, such as adoption of medical devices.

Summary of Evidence

1. Defendant's legal statement;

1. - A copy of the suspect interrogation protocol (G), a copy of the CASE Research Data, a copy of the investigation report (a document attachment report), a copy of the investigation report (a document attachment report), a copy of the suspect interrogation protocol (a third, J), each prosecutor's protocol of statement concerning G, a criminal investigation report (a attachment of detailed data for which G rebates has been offered), an investigation report (a copy of the purchase register of

1. Relevant provisions of the Criminal Act and the proviso of Article 88-2 of the Medical Service Act and Article 23-2 (2) of the same Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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