The defendant shall be innocent.

1. The medical personnel, founder of a medical institution, and employees of a medical institution in the instant facts charged shall not receive money, goods, benefits, labor, entertainment, and other economic benefits provided by a person who has obtained marketing approval or has reported items pursuant to Article 31 of the Pharmaceutical Affairs Act (Act No. 13425), an importer of drugs pursuant to Article 42 of the same Act, or a drug wholesaler pursuant to Article 45 of the same Act for the purpose of sales promotion, such as adoption and inducement of drugs.

On April 2014, the Defendant received total of KRW 1,869,00 from 20 to 1,50,000,000 from 20 to 20 times, as shown in the list of crimes in the annexed crime, from 1,150,000,000, in the first floor of 1,000 members of the I Council, in which the Defendant had been provided with the drugs manufactured by J from K, a J business employee, in return for prescribing the drugs manufactured by J., and around November 20, 2015.

2. Determination

A. In a criminal trial, the recognition of criminal facts ought to be based on evidence with probative value that leads a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof does not reach the degree that such convictions may lead to such convictions, even if the defendant is suspected of guilty (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). (b) The prosecutor’s office and court’s statement made by K are consistent with the facts charged in the instant case, or for the following reasons, it is difficult to believe it as it is for the following reasons.

1) At the first stage of the police investigation, K did not accept “I member” operated by the Defendant as a hospital that provided rebates at the police investigation stage, and subsequently used the rebates fund for the remaining hospitals other than nine hospitals that provided rebates individually.

was stated.

K's prosecutor's and court's statements are inconsistent with the initial police's statements of this K.

2) K initially makes rebates to the Defendant due to the human relationship with the Defendant.