A doctor who ran a business targeting people addicted to propofol and earned 4.1 billion won was given a confirmed four-year prison sentence.
The Supreme Court's Second Division (presiding Justice Oh Kyung-mi) said on the 15th that on the 12th of last month it upheld the lower court's ruling in the final appeal of the case against a doctor, a person surnamed Noh, 65, who was indicted on charges including violating the Narcotics Control Act and the Medical Service Act, confirming a sentence of four years in prison and a fine of 5 million won. A forfeiture of 4.14 billion won was also finalized.
Noh operated a hospital in Gangnam District, Seoul. Starting around January 2021, he administered propofol to people addicted to the drug under the pretense of cosmetic procedures, charging 200,000 to 300,000 won per dose. Over three years and six months until July 2024, Noh administered propofol and other psychotropic medicines 3,703 times to 105 people, collecting 4.14 billion won.
To evade crackdowns by the Ministery of Food and Drug Safety, Noh falsely reported that propofol had been administered to someone else or inflated the reported dosage for ordinary patients. From May 2023, he compounded and administered a mixture of etomidate and remimazolam, which are not subject to handling report requirements.
Noh used separate mobile phones for general patients and for patients seeking sedation, and in July 2023 he accepted only patients seeking sedation on a Sunday. He also provided free doses to severely propofol-addicted patients under the pretext of birthday celebrations or release-from-prison celebrations. Some patients received as many as 15 to 20 doses in a single day.
In the first trial, the court sentenced Noh to four years in prison and a fine of 5 million won, and ordered the forfeiture of 4.104 billion won. The first trial panel said, "People who visited the hospital out of curiosity ended up becoming addicted, and those who had already shown considerable dependence saw their addiction worsen."
However, the court found Noh not guilty of the propofol trafficking charge brought by prosecutors, reasoning that when a physician authorized to handle narcotics under the Narcotics Control Act administers narcotics, it is not an act of sale.
In the second trial, the court dismissed both Noh's and the prosecutor's appeals. The Supreme Court also dismissed both sides' appeals. The Supreme Court likewise found that even if a doctor improperly administers narcotics or psychotropic medicines to walk-in visitors, it cannot be regarded as a sales act prohibited by the Narcotics Control Act.