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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant, from June 20, 2016 to March 31, 2017, was a medical person who served as the head of the “C regularly Out Hospital” in Busan Dong-gu, Busan, and was engaged in the treatment and treatment of the patient at the above hospital.

On July 2016, the Defendant received illegal solicitation from D’s representative E to receive rebates at a certain ratio of the sales of a medical device auxiliary device, and ordered the patient F to purchase the above D’s OP SP SP auxiliary device, and ordered 7 persons, such as G, H, I, J, K, and L, to purchase the medical device auxiliary device, and then received KRW 275,000 equivalent to 25% of the sales proceeds from the above E.

In addition, the Defendant received total of KRW 2,718,00,000 in cash from the above E eight times from around the above day to March 24, 2017, as shown in the list of crimes in attached Form E.

As a result, the Defendant, as a medical person, received economic benefits from a manufacturer of medical devices for the purpose of facilitating sales such as adoption of medical devices, at the same time, acquired assets in exchange for illegal solicitation in relation to his/her duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police report on I, E, M, N,O, P, and Q;

1. Application of each statute on a written accusation;

1. Article 357 (1) 2 and Article 23-3 (2) of the Medical Service Act under Article 88 (1) 0 of the same Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of taking property in breach of trust by each sequence and the crimes of violation of the Medical Service Act);

1. Each selective fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. It is so decided as per Disposition on the grounds of Article 357(3) of the Criminal Act, Article 88(2) of the Medical Service Act or above;