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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant obtained a medical license on February 1998 and thereafter served as a professor for B Hospital urology from March 2007 to April 2018.

A medical person shall not receive money, goods, benefits, labor, entertainment, or other economic benefits provided by a drug supplier, such as a drug wholesaler, etc. for the purpose of sales promotion, such as adoption of drugs, inducement of prescription, maintenance of transaction, etc.

Nevertheless, the Defendant received a proposal from the above hospital located in the Nam-gu Incheon Metropolitan City, Dong-gu, to provide a total of KRW 500,000,000,000 in cash on four occasions, including the receipt of KRW 500,000,000,000,000, in total, around February 2, 2017, and KRW 500,000,000,000,000,000, in total, around July 2017, from the business personnel E of the seller of drugs, to the effect that “F, which is a medicine sold in the State,” from the business personnel E of the seller of drugs.”

Accordingly, the Defendant, as a medical person, received 2 million won for the purpose of promoting the sale of medicines from a medicine supplier.

Summary of Evidence

1. Statements of the accused in part of the trial records first and second times;

1. Legal statement of witness G;

1. Statement made by witnesses E in the second protocol of the trial;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of prosecutorial statement concerning E;

1. B urology and prescription of the B hospital, and budget application;

1. In the investigation report (No. 69 in order) [the defendant and his defense counsel] 50,000 won, which the defendant received from E around April 2017, constitute “H”’s request for official academic support under the proviso of Article 23-3(1) of the Medical Service Act and Article 16-2 of the Enforcement Rule thereof, and thus, it cannot be deemed “unfair economic benefits” under the main sentence of Article 23-3(1) of the Medical Service Act. However, in order to constitute “permissible economic benefits” under each of the above provisions and the Enforcement Rule [Attachment 2-3], the above provision and the Enforcement Rule of the Medical Service Act (hereinafter “Permissible economic benefits”).