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(영문) 서울서부지방법원 2016.12.22 2016고정811

의료법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a doctor who operates the “E-gu Council member” located in the Dong-gu Seoul 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 a product license under Article 31 of the Pharmaceutical Affairs Act, or a person who has filed a product report, for the purpose of sales promotion, such as adoption of drugs and inducement

Nevertheless, the Defendant received a proposal from F business employees G to offer economic benefits, such as cash, upon prescribing prescription drugs, such as H, which are produced and sold in F, from the F business employees G, and agreed to accept it. On February 2013, the Defendant received 150,000 won in cash from the above G at the above member’s clinic around the end of February, 2013 and received 1.50,000 won in cash from the above G in the same manner as

3. By the end, the sum of KRW 3,250,00 was received twice in total.

As a result, the Defendant received 3,250,000 won in cash provided for the purpose of sales promotion, such as adoption and inducement of drugs.

Summary of Evidence

1. Protocols of examination of witnesses of this court concerning G witnesses of the same court;

1. A prosecutorial statement of the defendant;

1. The prosecutor's office and the police's statement concerning G;

1. Each police statement made to I;

1. Records of seizure and the list of seizure;

1. A list of rebates of the Gwangju place of business;

1. Application of Acts and subordinate statutes to an investigation report (Attachment to a written request for withdrawal from shipment);

1. Relevant provisions of the Acts and the main sentence of Article 88-2 of the Medical Service Act and the main sentence of Article 23-2 (1) of the Act on the Selection of Criminal Crimes ( comprehensively and collectively select fines);

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;