Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

The Defendant is a person who operated G pain from Jin-si to Jan. 2, 2014 at Jin-si from July 2007 to Jan. 2014.

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 drugs, inducement of prescription, maintenance of transaction, etc. from a person who has obtained permission for items of drugs.

Nevertheless, at the end of February 2011, the Defendant received approximately 1,49,00 won [10,144,556 (from February 12, 201 to February 12, 201)] x 30% 42,945,036 ( from source to December 12, 2011, 200) x 20% 2,373,356 (from source to April 4, 2012) x 30% x 12,914,459 (from source to April 201 to December 12, 201) at the same place from the end of April 2012 x 2,373,356 (from source to January 4, 2012).

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of the witness H;

1. A protocol concerning the examination of the suspect of each police officer with regard to H;

1. Application of Acts and subordinate statutes on details of customers, bad transaction lines, details of medicines by customer, and the Health Insurance Review Evaluation Institute data;

1. Relevant legal provisions and Articles 88-2 and 23-2 of the former Medical Service Act (Amended by Act No. 14439, Dec. 20, 2016);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Whether collection is to be made or not, pursuant to Article 457-2 of the former Criminal Procedure Act (amended by Act No. 15257, Dec. 19, 2017), a penalty heavier than that imposed by the summary order cannot be imposed on a case for which only the Defendant requested a formal trial pursuant to Article 457-2 of the same Act. However, in this case where only the Defendant requested a formal trial, a new penalty cannot be imposed, unlike the summary order, and thus, the said penalty shall not be imposed, notwithstanding Article 88-2 of the former Medical Service Act.

Defendant

Judgment on the Defense Counsel's argument

1. The defendant and his defense counsel's assertion.