The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant is a medical person who is working as the president at the hospital of the Emedical Foundation Fasi-gun medical corporation located in Gangwon-gu D.

No medical person, founder of a medical institution (including the representative of a corporation, director, or any other person engaged therein), nor person working for a medical institution shall receive money, goods, benefits, labor, entertainment, or other economic benefits, or have a medical institution receive such benefits, from a drug supplier for the purpose of sales promotion, such as adoption of drugs, guidance for prescription, transaction, maintenance of transaction,

Nevertheless, around June 29, 2012, the Defendant, at the above hospital, had H, the head of the business team belonging to G, pay the drug price equivalent to KRW 4.6 million, which the Defendant had to pay to G on behalf of the Defendant, and received economic benefits equivalent to the same amount.

2. Provisions of Acts;

A. The prosecutor of the current law applied Articles 88-2 and 23-2(1) of the Medical Service Act to the facts charged in the instant case and brought a public prosecution.

The former part of Article 88-2 (Penal Provisions) of the Medical Service Act provides that "any person who violates Article 23-2 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 30 million won," and the main sentence of Article 23-2 (1) of the same Act provides that "no medical person, founder of a medical institution (including a representative of a corporation, director, or any other person engaged therein; hereafter the same shall apply in this Article) nor any person working for a medical institution shall receive money, goods, benefits, labor, entertainment, or other economic benefits (hereinafter referred to as "economic benefits, etc.") provided by a drug supplier under Article 47 (2) of the Pharmaceutical Affairs Act for the purpose of sales promotion, such as adoption of drugs, inducement of prescription, maintenance of transaction, etc. or allow such medical institution to receive

B. The main text of Article 23-2(1) of the Medical Service Act, which was newly established by Act No. 10325 on May 27, 2010, is “medical person, the founder of a medical institution, and the representative of the legal entity that established the medical institution.”