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(영문) 대구지방법원 서부지원 2014.04.15 2013고단1402
의료법위반
Text

Defendant

A Imprisonment with prison labor of one year and eight months, and imprisonment with prison labor of one year and two months, and imprisonment with prison labor of one year and one year.

(b).

Reasons

Punishment of the crime

Defendant A of “2013 Highest 1402” is a medical person who, from February 11, 2008 to November 8, 2013, establishes and operates a D Hospital in sequence in the area of Ansan, Mansan, Mansan, Daejeon, Ansan, Jeju, Gangwon-do, and Suwon-do, and E, F, G are medical device manufacturers, exporters, importers, and distributors of H Co., Ltd.

Defendant

A, around April 11, 201, promised to use a medical device for spine surgery handled by the aforesaid F at the D Hospital (Japan) located in Yongsan-gu, Youngdong-gu, Seoul, and agreed to receive advance payment after having settled the amount according to the usage results of the medical device in the future and deducting the advance payment. From the above date to July 2, 2013, A received KRW 100,000 from the Defendant He’s account from the above date to the Defendant’s account, and received KRW 1,20,000,000 in total eight times in total from the above method as described in attached Table 1, and received KRW 1,20,000,000 from the said date to the July 2, 2013, and received KRW 8,000,000 in cash after the said advance payment from the D Hospital located in Gangdong-gu, Seoul around June 2013, and received KRW 8,008,00 in cash after the said advance payment.

As a result, the Defendant received economic benefits from a medical device distributor for the purpose of facilitating distribution, such as adoption of medical devices.

"2013 Highest 1435"

1. Defendant B and Defendant C’s co-principal Defendants are medical personnel as joint operators of the D Hospital (Guro) located in Guro-gu Seoul Metropolitan Government, and F are the employees of H, Inc. who manufacture, export, and sell medical devices.

On December 1, 2010, the Defendants, together with the above D Hospital (Guro) proposed that “If the Defendants promised to use the medical devices for spine operation in D Hospital (Guro)” from the above F, the Defendants would first settle the amount according to the results of use in the future, and then deducted the advance payment.”

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