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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a medical person who operates an E Hospital located in Ildong-gu, Busan Metropolitan City, and F is a seller of G who manufactures, exports, and sells medical devices.
Around August 31, 2012, if the Defendant promised to use a medical device for spine surgery to be handled by “F” Company G from the foregoing E Hospital, the Defendant first received the proposal that “I I would like to deduct advance payment after settling the amount according to the results of use of the medical device in the future,” and then received KRW 100,000 from the G account to the Defendant’s account.
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. Investigation report (No. 17 No. 17);
1. Application of Acts and subordinate statutes to the suspect examination protocol of F and H by the prosecution;
1. Article 88-2 of the Medical Service Act and Articles 88-2 and 23-2 (2) of the same Act concerning facts constituting an offense;
1. Article 62 (1) 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;