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(영문) 서울북부지방법원 2018.02.07 2017고정779

의료법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a doctor to operate the “A member” in Seoul Jung-gu.

No medical person shall receive money, etc. provided by a person who has obtained permission for items of drugs for the purpose of promoting sales, such as inducing to adopt drugs or inducing to prescribe drugs.

around September 2014, the Defendant received KRW 800,000 from A member of the two-story medical clinic for the purpose of sales promotion, such as inducing prescription, etc. over six times from May 2015, as follows: (a) around September 2014, the Defendant received KRW 7 million from A member of the two-story medical clinic for the purpose of prescribing drugs manufactured by genetic restriction from E.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of witness F;

1. F statement made to the accused in the protocol of the interrogation of the suspect (two times, replacement of the suspect);

1. A protocol concerning the examination of suspect of the police in relation to F;

1. Statement protocol by the police for E;

1. Protocol of seizure and list of seizure (171, 172 pages of investigation records);

1. An investigation report (specific details of the crime list, such as the amount of rebates offered);

1. The application of Acts and subordinate statutes governing the payment of individual source rebates (2014), the standard table for the payment of individual source rebates (2014), the current status of individual source rebates (2014. - 11. ), the current status of Medididiet Korea 10 months (auditor’s office), transaction lines and monthly performance records, product classification, etc., the payment of individual hospitals (266 hospitals), 5 copies of the operating standards for the payment of individual hospitals (266 hospitals), 262 individual source rebates, 69 individual source rebates, 26 copies of the current status of the provision of individual source rebates, 5 copies of the total status of individual source rebates by person in charge, 169, 24 copies of the details of the provision of rebates by each hospital, 169 doctor’s monthly prescription (SFE data), 13 copies of the monthly prescription of each hospital, the current status of the provision of rebates by individual source rebates by type of business.

1. Relevant legal provisions and Articles 88-2 and 23-2 (1) of the former Medical Service Act (Amended by Act No. 14438, Dec. 20, 2016; hereinafter the same shall apply) on criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act to attract a workhouse;