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(영문) 서울서부지방법원 2017.08.16 2016고단874

의료법위반

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person operating the “E member” in Seo-gu Busan Metropolitan City D.

No medical person, founder of a medical institution, nor 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 under Article 31 of the Pharmaceutical Affairs Act or a person who has filed a report on a product for the purpose of sales promotion, such as inducement of adoption of drugs.

Nevertheless, the Defendant received a proposal from G business operators of F Co., Ltd. (hereinafter “F”) to provide economic benefits, such as cash, upon prescribing prescription drugs, such as H, which are produced and sold in F, to the effect that it will be given to the Defendant. On May 201, the Defendant received KRW 1.2 million from the above I in cash from the above I in the above clinic for treatment of the National Assembly members in the same manner and received KRW 1.2 million in total four times from the day on which June 2012, 201, including the receipt of KRW 1.2 million from the above I in cash.

As a result, the Defendant received KRW 10,350,00 from F for the purpose of sales promotion such as inducing to adopt medicines.

Summary of Evidence

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

1. Statement made by the witness J among the third public trial records;

1. Statement made by the witness G in the fourth public trial protocol;

1. Part concerning G in the suspect examination protocol against the accused in the prosecution;

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

1. Seizure records;

1. Application of Acts and subordinate statutes to a report on investigation, a photograph of a written request for withdrawal of shipment (the details of prescription), and a photograph of a written request for withdrawal of shipment;

1. Relevant Article of the Act and the former Medical Service Act (amended by Act No. 14438, Dec. 20, 2016; hereinafter the same shall apply) regarding criminal facts, the first sentence of Article 88-2 and the first sentence of Article 23-2 (1) (main sentence) of the same Act, and the selection of fines;

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 previous Medical Service Act;

1. The practices of rebates, which are limited to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, are chosen.