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(영문) 서울서부지방법원 2017.06.15 2016노1101 (1)
의료법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds of appeal is as follows: Defendant E did not receive rebates from the business employees AH of the Y Co., Ltd.; Defendant F, from the business employees Z; Defendant G did not receive rebates as indicated in the facts charged in this case from the business employees NN; and the Defendants’ confessions at the prosecutor’s office do not lack credibility. The lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby

2. The Defendants made the same assertion in the original judgment, and the lower court rejected the assertion by stating the judgment in detail.

In addition to the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court’s determination can sufficiently recognize the fact that the Defendants received rebates as stated in the facts constituting the crime in the lower judgment, and it can be recognized that the confessions made by the Defendants at the prosecution are credibility.

A. AH appears to be one of the persons who reported the commencement of the instant investigation. However, it is difficult to find any motive for such AH to gather Defendant E to make a false statement.

In addition, the conversation recorded by Defendant E with AH on June 2, 2014 was made after Defendant E led Defendant E to the confession of the receipt of rebates from the prosecution, and had AH find AH as his/her medical care room, and then AH offered rebates to Defendant E at the prosecution.

Since it was confirmed that AH made a statement and received a reply that there was no rebates from AH, it is difficult to say that AH, a pharmaceutical company’s business employee, made a true statement of the fact of offering rebates in the presence of Defendant E, which strongly denied the fact of receiving rebates, and the atmosphere at the time of the above dialogue, the attitude of dialogues, and the process of inducing AH’s response to favorable treatment to Defendant E, etc., even if they do not seem to be natural.

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