Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Criminal facts

Some of the facts charged were corrected.

The defendant is a doctor who operates a hospital with the trade name of "E Council member" in Busan Nam-gu D.

No medical person, founder of a medical institution, nor person working for a medical institution shall receive money, goods, or other economic benefits provided from a drug supply business entity for the purpose of sales promotion, such as adoption of and guidance for prescription of drugs.

Nevertheless, on June 2014, the Defendant received KRW 950,000,000 from the business employees G of F Co., Ltd., a medicine supplier, as well as the Defendant received from G of F Co., Ltd., a drug supplier, KRW 9,280,00 in total from G of F Co., Ltd, and the Defendant received KRW 9,280,00 in return for the prescription of drugs from J during nine times from May 2015, as shown in the list of crimes in the attached crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect by the police against J;

1. Statement made by the police in relation to G;

1. The current status of the provision of self-statements prepared by K and individual's source rebates bound thereby;

1. Investigation report ( analysis of the G account in Busan);

1. Application of statutes to doctor's licenses, certificates of reporting the establishment of medical institutions, and prescription statistical data by pharmacist (1599 pages of investigation records);

1. Article 88-2 of the relevant Act and Article 23-2 (1) of the former Medical Service Act (amended by Act No. 13658, Dec. 29, 2015; hereinafter the same shall apply) that provides for the choice of punishment for a crime (comprehensively, selection of fines)

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

1. The latter part of Article 88-2 of the previous Medical Service Act;

1. A medical person with reason for sentencing under Article 334(1) of the Criminal Procedure Act shall bear heavy obligations to provide appropriate medical services according to the status in order to protect the health of the patient.

It is appropriate that these medical personnel receive money in return for the prescription of a specific drug by adding the economic benefits of the medical personnel to the prescription of a specific drug.