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(영문) 서울서부지방법원 2017.07.21 2016고단2239 (2)

의료법위반

Text

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

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

Reasons

Punishment of the crime

From December 2, 2012 to November 2014, the Defendant served as the head of division in Seongdong-gu Seoul Metropolitan Government C hospital located in Seongdong-gu, and is a doctor who works as the head of division in the E hospital located in Sungsung-si D from December 2, 2014.

No medical person, founder of a medical institution, or person working for a medical institution shall receive money, goods, benefits, labor, entertainment, or other economic benefits provided by a person who has obtained a product license of a drug or a person who has filed a product notification for the purpose of sales promotion, such as adoption of a drug or inducement for prescription

Nevertheless, the Defendant received a proposal from G, who is a F business employee, to provide economic benefits, such as cash, upon prescribing the F-related drugs, and to comply with it. On February 2, 2013, the Defendant received cash of KRW 200,000 from the above C hospital clinic for the purpose of promoting the sale of drugs from the above G around February 2013 and received cash of KRW 3,300,000 in total over 15 times from around that time until June 2014 as shown in the list of crimes in the attached Table.

As a result, the Defendant received money equivalent to KRW 3,300,000 from F for the purpose of sales promotion, such as adoption and inducement of medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G;

1. A criminal investigation report (Evidence Nos. 6 through 8, 135, 136), accompanying documents;

1. Application of seizure records, list of seizure, certified copy of registry, and statutes;

1. Relevant legal provisions and the main sentence of Article 88-2 and Article 23-2 (1) of the former Medical Service Act (Amended by Act No. 14438, Dec. 20, 2016); and the selection of fines for criminal facts

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 former Medical Service Act (Amended by Act No. 14438, Dec. 20, 2016);

1. The practices of rebates, which are limited to the reasons for the sentencing of Article 334(1) of the Criminal Procedure Act, in the order of provisional payment, are provided for rebates rather than the curative composition.