Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

From May 195, the Defendant is a doctor operating the “D Hospital” on the 2nd floor of Gwangju Seo-gu, Seo-gu.

No medical personnel, founder of a medical institution, nor person working for a medical institution shall receive money, goods, benefits, labor, entertainment, or other economic benefits provided for the promotion of sales, such as adoption of, guidance for prescription of, etc. for drugs from a person who has obtained marketing approval of a drug

Nevertheless, around March 1, 2011, the Defendant received a prescription deposit of drugs manufactured and produced in the above E, such as (i) E’s business employees F of the said D Hospital, and (ii) from E’s business employees, as a result, received a transfer of KRW 6.6 million from the Defendant’s management G account (Account Number: H) via (i) Audio Plue book around July 1, 201, to the Defendant’s management G account (Account Number:H).

As a result, the Defendant received money from the (ju) E with marketing approval of drugs for the purpose of sales promotion, such as adoption and inducement of treatment of drugs manufactured and produced in the above E.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes concerning the examination of suspects to the accused;

1. The former part of Article 88-2 of the Medical Service Act and Article 23-2 (1) of the same Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The Defendant alleged to the effect that the suspension of sentence should be suspended by taking into account the circumstances in which the Defendant committed a mistake identical to the instant case’s situation, and the circumstances where the Defendant becomes subject to an administrative disposition, such as suspension of qualification, separate from the instant criminal punishment, etc. However, considering the form and integrity of duties, and the need for public interest to prevent increase of drug prices, it is deemed inappropriate to suspend the sentence even if considering all circumstances alleged by the Defendant, taking into account all circumstances, it is inappropriate to determine that the suspension of sentence is inappropriate

It is so decided as per Disposition for the above reasons.