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(영문) 수원지방법원 2017.12.08 2017노5296
의료법위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal can be recognized as a concrete and consistent credibility, and the remaining evidence submitted by the Prosecutor in the K’s statement can be sufficiently recognized that the Defendants received money or entertainment provided to the J Co., Ltd. (hereinafter “J”) for the purpose of promoting the sale of medicines produced by J (hereinafter “regument”).

2. 1) In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court’s judgment, the lower court did not have credibility in K’s statement, and the remainder of the evidence submitted by the Prosecutor alone that the Defendants received rebates from J as stated in each of the instant facts charged.

It is insufficient to conclude that there is no other evidence to acknowledge it.

(1) K continued to change statements from the investigative agency to the original trial on the name of the payment, rate of payment, timing for payment, amount of payment, financial resources, method of payment, etc. of rebates offered to the Defendants.

② At the lower court, K does not clearly memory what kind of money to the Defendants. This is the same when the investigation agency makes a statement, but only the money last delivered is true within the extent of memory.

“The statement was made”.

③ From Oct. 2010 to Dec. 2, 2015, K served as a business employee at two teams of the J from Oct. 2010 to Dec. 2, 2015, and takes charge of 28 sick staff members. At the time of service, K prepared specific data, such as the name of the payment of rebates for each soldier, the timing of payment, the amount of payment, etc., for each soldier, does not appear to be recorded.

④ On December 2015, K is currently running a personal business that sells medicines as an agent by withdrawing from J around December 2015, and is still maintaining the current transaction relationship with some of the hospitals at the time of J’s employment.

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