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Defendants shall be punished by imprisonment for six months.
except that the execution of each of the above penalties shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Defendant A is the head of the Seoul Business Team of E Co., Ltd., who is engaged in the business of selling medical devices. F is a medical person who, in sequence, establishes and operates a G hospital in the area of Ansan, Mangsan, Mangsan, Daejeon, Mayang, Jeju, Gangwon-dong, and Suwon-dong from February 11, 2008 to November 27, 2013. H is a person who, in sequence, establishes and operates a G hospital in the area of the Guro and Seodaemun-gu from December 9, 2010 to November 27, 2013; and I is a person who operates the said G hospital together with H.
On April 11, 201, the Defendant promised to use the said F’s medical device for spine surgery at G Hospital (Japan) located in the Gyeonggi-gu J of Gyeonggi-gu, Busan-gu, Gyeonggi-do, to use the said F’s medical device for spine surgery in the Company E, the Defendant first proposed that the payment should be made after settling the amount according to the results of use of the medical device in the future and deducting the advance payment. Upon F’s consent, the Defendant remitted KRW 100,000,000 from December 1, 2010 to March 26, 2012 to F’s account with F’s consent and remitted KRW 1,10,000,000 from March 1, 201 to March 26, 2012 in total nine times in accordance with the foregoing method as indicated in attached Table 1.
Accordingly, the Defendant provided economic benefits to medical personnel for the purpose of facilitating sales such as adoption of medical devices.
2. Defendant B is the head of the Seoul Business Team of the Co., Ltd. E, who is engaged in the business of selling medical devices. K, L, and M are medical personnel as the joint operators of the O Hospital located within the Dongjak-gu Seoul N, and P is the head of the Geumcheon-gu Seoul Metropolitan Government R Hospital.
On March 28, 2011, if the Defendant promised to use a medical device for spine surgery at an O hospital located in the Dongjak-gu Seoul Metropolitan Government N, and that the Defendant promised to use the medical device for spine surgery handled by the said K Company E, the Defendant first made an advance payment, and made an settlement according to the results of use of the future medical device, and then deducted the advance payment.