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(영문) 전주지방법원 군산지원 2017.06.21 2016고정412

의료법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a doctor to operate “A Council member” in the Gunsan-si, Jeollabuk-do.

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 notification for the purpose of sales promotion, such as adoption of drugs and inducement for prescription.

Nevertheless, the defendant received a proposal from E business operators D that "to provide economic benefits upon prescribing self-drugs," and agreed to comply with it.

On June 2012, the Defendant received 100,000 won in cash provided from D for the purpose of promoting the sale of drugs from D at the above medical clinic in the above A around the end of every two months until February 2015, in total, 1.6 million won in cash for each two month.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes related to rebates;

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

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 portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of the facts charged in the instant case is an intention to operate “A Council member” in the Gun of Jeollabuk-do.

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 notification for the purpose of sales promotion, such as adoption of drugs and inducement for prescription.

Nevertheless, the defendant is from E business members D.