Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant is a doctor who, around May 21, 2005, opened and operated a “F Hospital” in Yangsan-si E.

No medical personnel, founder of a medical institution, nor person working for a medical institution shall receive money, goods, benefits, labor, entertainment, or other economic benefits provided for the promotion of sales, such as adoption of, guidance for prescription for drugs, from a person who has obtained permission for items of a drug.

Nevertheless, on January 4, 2011, the Defendant received 8.1 million won from the Plaintiff’s single bank account (Account Number: M) in the name of the Defendant via L, a corporation, at the foregoing F Hospital’s office, from the business members of I (hereinafter “I”), upon the request for prescription of medicines manufactured and produced in the above I, such as “J”, “K,” and “K.” In response, the Defendant received 8.1 million won from the said I via L to the account in the name of the Defendant.

As a result, the Defendant received money from the I who obtained marketing approval of drugs for the purpose of sales promotion, such as adoption of drugs manufactured and produced in the above I and inducement of prescription.

Summary of Evidence

1. The defendant's partial statement in the third protocol of trial;

1. Each legal statement of the witness N orO;

1. Each prosecutor's examination protocol on P, N, Q and R;

1. Statement by the prosecution against S;

1. Statement of the police officer concerning theO;

1. Of the evidence lists (No. 9), the part against the accused in the financial transaction details (Evidence List) No. 5 to 27 is the sequence.

Application of Statutes

1. Relevant provisions of the Acts and the text of Article 88-2 of the Medical Service Act and the main sentence of Article 23-2 (1) of the Act on the Selection of Criminal Crimes;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

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

4. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. It was true that the defendant's assertion of 8.1 million won was received by the defendant and his defense counsel of this case, but the above money was paid with respect to the book of custody by the defendant, which was investigated after the "marketing" under the proviso of Article 23-2 (1) of the Medical Service Act.