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(영문) 부산지방법원 2018.04.27 2017고합559
의료법위반등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is as follows: (a) from March 201 to July 9, 2013, the Defendant was in office in the “E Hospital” located in Seo-gu, Busan; and (b) from September 1, 2013 to September 1, 2013, the Defendant opened and operated “G fixed-type clerk” in the “E Hospital.”

A. On March 1, 201, the Defendant in breach of trust, upon receiving a request from I, the representative director of H (hereinafter “H”), who is a medical assistive device manufacturer and seller company, will give 30% of the sales amount if he/she would make patients purchase by prescribing medical devices as a doctor belonging to the above E hospital, taking into account the patient’s symptoms, the quality and necessity of the relevant device, and the appropriate nature of the prescription. In this regard, the Defendant received a request from I to the effect that “The Defendant would give 30% of the sales amount if he/she would make patients purchase the medical devices manufactured and sold at H,” and then received a request from I to the effect that he/she would leave the above hospital and want operating funds by opening the above G-type medical device with high seas around September 1, 2013.

Accordingly, at around December 2013, the Defendant purchased a medical device, such as J (medical device used for the purpose of reducing the flow by protecting the flag and ebrates after the operation) from H to July 9, 2013 due to the Defendant’s prescription, solicitation, etc., at the time of his/her employment in the above G G G G E hospital, from around March 12, 201 to around July 9, 2013, the Defendant 11,540,000 won in cash amounting to 30% of 38,459,420 won.

Accordingly, the defendant is a person who administers another person's business and receives property in return for an illegal request.

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