A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a medical person who operates the C Hospital located in Seo-gu Incheon Metropolitan City, and D is a seller of the E company that manufactures, exports, and sells medical devices.

On December 1, 2010, the Defendant promised to use a medical device for spine surgery handled by the said C Hospital, “C” corporation E from the foregoing D, upon receipt of the proposal that the Defendant would first make settlement according to the results of use of the medical device in the future before reducing advance payment and then would have deducted advance payment, and then accepted the proposal, and then received KRW 50,000,000 from the Defendant’s account from the said E account.

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.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol concerning the examination of suspect concerning F (including the respective statements stated inG and D);

1. The application of Acts and subordinate statutes to each investigation report (a report accompanied by a copy of the monopoly supply contract and a copy of the certificate of deposit transaction results);

1. Relevant Article 88-2 of the Medical Service Act and the former part of Article 88-2 and Article 23-2 (2) of the Act on the Selection of Criminal Crimes;

1. Article 62 (1) of the Criminal Act (i.e., the fact that an error is pened);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.