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(영문) 대구지방법원 서부지원 2013.10.31 2013고단1211
의료법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 2008, the Defendant was a director of the medical corporation D in the north-gu Office C and had been working as the president of the E Hospital affiliated with the above foundation from January 2008, and was engaged in the medical treatment and treatment of the patient at the above hospital, and F is a medical device manufacturer, export, and sales business operator of the NAD Co., Ltd.

On December 2, 2010, the Defendant received, from the above E Hospital, an illegal solicitation that “Once using the personal mission Section (TK), which is a medical device handled in Mescar of a stock company, the Defendant would make cash by settling accounts every month according to its sales, and accordingly, the Defendant received KRW 2,00,000 in cash in proportion to the number of the above mission, which was used for alcohol.

In addition, the Defendant received total of KRW 232,00,000 in cash from F on 32 occasions in the same manner as the written list of crimes in the attached Form from the above date to July 2013.

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 prosecutor's statement concerning G and F;

1. - A copy of CASE Research Data, a criminal investigation report (report accompanied by document copies), - A copy of the Director General of the Korea Trade Agency, shall apply to the law of one copy

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 Criminal Act (the point of violation of the Medical Service Act) concerning criminal facts;

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. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 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;

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