Defendant shall be punished by a fine of KRW 10,000,000.

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

Punishment of the crime

The defendant is a doctor who operates a hospital with the trade name of "A Council member" from the Busan Young-gu D building and the second floor.

No medical person, founder of a medical institution, nor person working for a medical institution shall receive money, goods, or other economic benefits provided for the purpose of sales promotion, such as inducing the adoption of drugs from a pharmaceutical supplier.

1. On April 2012, the Defendant received a delivery of KRW 1 million in cash, along with a solicitation to prescribe and request the drugs handled in E from the business employees F of E, a pharmaceutical supplier, in the above “A member’s administered by the Defendant.”

2. From June 2012 to August 2012, the Defendant received a delivery of KRW 10 million in cash as well as a solicitation to request the prescribing of drugs handled by E from E’s business employees, a pharmaceutical supplier, at the place specified in paragraph (1) from F, at the place specified in paragraph (1).

3. On November 2012, from around May 201 to May 2013, the Defendant received a delivery of KRW 3 million on several occasions, along with a solicitation to request the prescribing of drugs handled by E from E’s business employees F, a pharmaceutical supplier, at the places specified in paragraph (1).

4. From June 2013 to July 2013, the Defendant received a delivery of KRW 2 million in cash as well as a solicitation to prescribe and request the drugs handled in E from E’s business employees, a pharmaceutical supplier, at the places specified in paragraph (1) at the location specified in paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Application of statutes on the written opinion, status of customers by item, and monthly prescription status by medical institution;

1. Article 88-2 of the former Medical Service Act and Article 23-2 (1) of the former Medical Service Act (amended by Act No. 14438, Dec. 20, 2016; hereinafter “former Medical Service Act”) on the basis of the relevant criminal facts and the selection of punishment (comprehensive selection of fines)

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;