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(영문) 부산지방법원 동부지원 2019.08.12 2018고정521
의료법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the head of the hospital of the CMedical Foundation DD Hospital in Suwon-si, Suwon-si. The Defendant promised to receive economic benefits from the F, the actual representative of the CMedical Foundation DDD, in return for the adoption of medicines to be prescribed in the above hospital and the maintenance of transaction. On March 26, 2017, the Defendant received a golf-based crowdfunding call amounting to KRW 225,00 from F from the G located in Yong-si, Young-si, G on March 26, 2017, and received from the F, as described in No. 10, 12, 13, and 15 of the attached list of crimes, from that time until May 27, 2017.

As a result, the defendant received an illegal solicitation in relation to his duties from the representative ECEF, and received economic benefits provided for the purpose of promoting the sale of medicines, such as adoption of medicines, prescription inducement, and maintenance of transaction, at the same time.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F in the court;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the F partially replaced part);

1. Some statements made in the interrogation protocol of the prosecution concerning F;

1. A copy of the seized article pocket book (No. 18);

1. In the investigation report (No. 16 No. 5 of the evidence list), the carrenum in 2017;

1. The defense counsel at the inquiry (H) of the defense counsel’s assertion asserts that the Defendant was not guilty, while the Defendant had a golf-related relationship four times as indicated in the judgment of the lower court together with F, it is irrelevant to “illegal solicitation” or “sales promotion.”

The following circumstances acknowledged by the evidence in the holding, ① the F maintained a close-friendly relationship with the network D, which was the head of the Defendant and the former president of the D Hospital, whereas the F, in this Court, stated that “I have done only D and D only when I have done the movement, and I have returned to it, and the Defendant will come to know about golf,” or that “I will die, and the Defendant would not good golf.”

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