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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff, as a doctor, established and operated “B hospital” (hereinafter “instant hospital”).
B. On April 15, 2014, the Seoggu District Court rendered an additional collection of KRW 1 year and eight months and KRW 1.28 billion to the Plaintiff, deeming that the following criminal facts of the Plaintiff were in violation of Article 23-2(1) of the former Medical Service Act (Amended by Act No. 13658, Dec. 29, 2015; hereinafter the same shall apply) and Article 33(8) of the Medical Service Act.
[2] On September 18, 2014, the Daegu District Court dismissed all the appeals filed by both the Plaintiff and the Prosecutor (2014No1391). On November 28, 2014, the Plaintiff appealed against this, and the final appeal was withdrawn on November 28, 2014, and the judgment became final and conclusive around that time.
The Plaintiff is a medical person who established and operated C Hospital in succession from February 11, 2008 to November 8, 2013 in Ansan, Mangsan, Daejeon, Ansan, Jeju, Gangwon-do, and Suwon-do. D, E, and F are medical personnel who manufacture, export, and import of medical devices, and sales business companies chip Co., Ltd.
Around April 11, 2011, the Plaintiff promised to use a medical device for spine operation handled in Ilyang-gu G (Osan) Seoyang-gu, Seoul Metropolitan City, to use the medical device for spine operation from E, the Plaintiff first received advance payment according to the results of the use of the medical device in the future, and consented to it. The Plaintiff received KRW 120 million from the Plaintiff’s account from the Plaintiff, Co., Ltd., Ltd. to the Plaintiff’s account, and received KRW 100 million in total eight times from that time to July 2, 2013. From June 2, 2013, the Plaintiff received KRW 80 million in total as to the results of use of the medical device after the deduction of the aforementioned advance payment from D, F, and F, and received KRW 80 million in cash from D, F, and F.
Accordingly, the Defendant, as a medical person, is a medical device distributor for the purpose of facilitating the distribution of medical devices.