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(영문) 서울서부지방법원 2016.09.23 2016고단1162

의료법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a doctor to operate the “E Council member” in Busan City, Seo-gu D.

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 marketing approval of a drug or a person who has filed a report on a product for the purpose of sales promotion, such as inducing the adoption of prescriptions

Nevertheless, the Defendant received a proposal from the business operator F of Pakistan Co., Ltd., a pharmaceutical company, to provide an economic benefit if he/she prescribes prescription drugs, such as pentlls, which are produced and sold in Pakistan, and to comply with the proposal. On June 201, the Defendant received KRW 7,200,000 from the above F in the above clinic’s clinic around the same manner as indicated in the list of crimes in the attached list of crimes in the same manner, and received a total of KRW 43,710,000 from the above F until July 2014.

As a result, the Defendant was provided with economic benefits equivalent to KRW 43,710,000, which was provided for the promotion of sales such as inducing the adoption of medicines.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the protocol concerning the examination of suspect with respect to F by the prosecution (two times);

1. Application of Acts and subordinate statutes to report internal investigation (a claim for and payment of rebates), investigation report (a copy of a request for withdrawal from the preparation and shipment of the FF by tradeing business employees), prescription details, such as internal researchers, etc., investigation report (a document attached to photographs, such as cash seized at suspect A and F residential places), and investigation report (a document attached thereto);

1. Relevant legal provisions of the Act and the first sentence of Article 88-2 and the first sentence of Article 23-2 (1) of the Medical Service Act for the selection of criminal facts and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The latter part of Article 88-2 of the Medical Service Act;

1. The sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment shall be determined as follows, taking into account the following circumstances, the Defendant’s age, sex, environment, and circumstances after committing the crime.

e.beliable;