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(영문) 서울남부지방법원 2013.05.15 2012고단3919

의료법위반

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for ten months.

Defendant

A Amounting to KRW 10,100,000,00.

Reasons

Punishment of the crime

Defendant

A is a doctor to open and operate a “F Hospital” in Boan City from around 2001, and Defendant B is a head of the office of the above hospital, and medical personnel and employees of a medical institution shall not receive money or other economic benefits provided for the purpose of sales promotion, such as adoption of drugs and inducement of prescription from a person who has obtained marketing approval of drugs.

A. Defendant B received a prescription deposit of drugs manufactured and produced in the above G, such as “I,” which is a government control agent, from H, at the office of “F Hospital” around January 201, and received KRW 10,200,000 from the J account in the name of Defendant B, around January 31, 2011.

B. From May to June 2011, the Defendants conspired and received a prescription deposit for the drugs manufactured and produced in the said G from the said “F Hospital” office, and in return, transferred KRW 10,100,000 to the account of the National Bank in the name of the Defendant, the head of the Defendant A, via the J account around July 1, 201.

As a result, the Defendants received money from the above G for the purpose of sales promotion, such as adoption of medicines and guidance for prescription.

Summary of Evidence

1. Defendant B’s legal statement

1. Some statements made by the prosecution against Defendant B and K in the suspect examination protocol of each prosecution;

1. Details of passbooks, withdrawal money cards, cashier's checks, cashier's checks, application for subscription to deposits, and application of Acts and subordinate statutes on the details of transactions;

1. Articles 88-2 and 23-2 of the Medical Service Act, and Article 30 of the Criminal Act concerning facts constituting an offense. Article 88-2 of the same Act.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (as to the defendant B);

1. Grounds for conviction against Defendant A of Article 88-2 of the Medical Service Act for collection of additional charges;

1. According to the evidence revealed in the summary of the evidence, the above hospital operated by Defendant A traded with G for at least ten years, and H visits the above hospital at the end of the month, the fact that Defendant A met for settlement.