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A defendant shall be punished by imprisonment for not less than one year and six months.
528,495,00 won shall be additionally collected from the defendant.
As to the defendant.
Reasons
Punishment of the crime
The Defendant is a medical person who serves as the head of the E Hospital, an incorporated foundation located in Dong-dong, Dong-si, Dong-si, who is engaged in the treatment and treatment of patients at the above hospital, and F is the representative director of G general manager of G business who is the head of G business headquarters, the head of G business headquarters, the company, and I is the head of G major business headquarters of G.
Around January 201, the Defendant received an illegal solicitation from the foregoing E Hospital, and from I, to the effect that “When using the personal mission (TKR) and spine handled in Company G, the Defendant would make monthly settlement according to its sales and would make cash.” Accordingly, the Defendant received KRW 14,937,00 in cash in return for its adoption in proportion to the number of mission, which is the said Company, so that the Defendant used for alcohol.
In addition, from January 201 to July 2013, the Defendant received total of KRW 528,495,000 from I in cash over 31 times in the same manner as indicated in the attached list of crimes.
Accordingly, the Defendant, as a medical person, received economic benefits from a dealer of medical devices for the purpose of facilitating sales such as adoption of medical devices, and was engaged in the business of others, and acquired property in exchange for illegal solicitation in relation to his duties
Summary of Evidence
1. Defendant's legal statement;
1. Each suspect interrogation protocol of F and I by the prosecution;
1. Application of Acts and subordinate statutes to each investigation report (No. 21, No. 41, No. 42, No. 42-1, and No. 42-2).
1. The former part of Article 88-2 of the Medical Service Act, Article 23-2 (2) of the same Act, and Article 357 (1) of the same Act, concerning facts constituting a crime (a violation of the Medical Service Act);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The latter part of Article 88-2 of the Medical Service Act;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;