beta
(영문) 서울서부지방법원 2017.07.07 2016고단2239

의료법위반

Text

1. Defendant H and I are punished by a fine of three million won for each of them, Defendant K is punished by a fine of four million won, Defendant M is punished by a fine of five million won.

Reasons

Punishment of the crime

1. Defendant A is an intention to jointly operate P members located in Gwangjin-gu Seoul Metropolitan GovernmentO.

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 the business members R of Q Q (ju), a pharmaceutical company, to provide economic benefits, such as cash, upon prescribing Q drugs, and to comply with it. On January 201, the Defendant received KRW 10,000,000 in cash provided from R for the purpose of promoting the sale of drugs from the above member's clinic around the above member's clinic and received the cash equivalent to KRW 17,000,000 in total from around that time until September 201, as shown in attached Table 1, the day of the crime committed in attached Table 1.

As a result, the Defendant received money equivalent to KRW 17,00,000 from Q for the purpose of sales promotion such as adoption and inducement of medicine.

2. Defendant B is an intention to jointly operate the above P Councilor.

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 R, Q business operators, to provide economic benefits, such as cash, upon prescribing Q drugs, and to comply with it. On September 2012, the Defendant received cash 6,000,000 won from R to promote the sale of drugs from the above member’s clinic around September 2012, and around that time, from around December 2013, the Defendant amounted to KRW 18,00,000 in total over three times, such as the second period of the annexed crime list 2.