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(영문) 부산지방법원 동부지원 2017.03.15 2017고단54

의료법위반

Text

1. The defendant shall be punished by a fine of twenty-five thousand won;

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

Reasons

Punishment of the crime

The Defendant is a doctor who operates a hospital in the name of “F” in Yangsan-si E.

No medical person, founder of a medical institution, nor person working for a medical institution shall receive money, goods, or other economic benefits provided from a drug supply business entity for the purpose of sales promotion, such as adoption of and guidance for prescription of drugs.

On February 29, 2012, at the above hospital clinic, the Defendant: (a) received a solicitation from the Defendant to prescribe and request drugs, such as Heoneone Star Z, Lone Star Dozzlllllllllllllllll (high blood pressure treatment chemicals); (b) the Defendant’s new bank card from G to G’s account in the name of G in the name of Busan (hereinafter referred to as “G”), after withdrawing cash that had been transferred from G to the Busan bank account in the name of G in advance; and (c) received the money by allowing the Defendant to deposit KRW 3,300,000 in the new bank account using the cash payment machine at the new bank H branch in the name of the new bank.

In addition, the Defendant received a total of KRW 50,200,000 from G in return for the promotion of sales, such as the adoption and inducement of drugs, from around 19 times to February 27, 2014, as described in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the protocol concerning the examination of suspects to G;

1. The main sentence of Article 88-2 of the former Medical Service Act (amended by Act No. 14438, Dec. 20, 2016; hereinafter “former Medical Service Act”); Articles 88-2 and 23-2(1) of the former Medical Service Act concerning criminal facts; and selection of fines.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing after the second sentence of Article 88-2 of the former Medical Service Act (the prosecutor’s opinion) is to be imposed by imprisonment with prison labor for one year (the decision of sentencing), 25 million won (the defendant’s total sum of 50 million won in consideration of the prescription for drugs for two years). The purpose of the Medical Service Act is to collect the penalty from the defendant.