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(영문) 서울서부지방법원 2017.05.24 2016고단2240

의료법위반

Text

Defendant

A shall be punished by a fine of KRW 15 million, and Defendant B shall be punished by a fine of KRW 5 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a doctor to operate the “A” council member in the South-North Heung-gun C.

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 and F, a business employee of D (hereinafter “D”), a pharmaceutical company, to provide economic benefits, such as cash, by prescribing prescription drugs, such as G, etc. produced and sold in D, and responded to the proposal. On January 201, the Defendant received KRW 6,00,000 in cash from the above E at the above clinic clinic for treatment of the above member, and received a list of crimes committed in attached Form in the same manner as in the same manner.

1. A total of KRW 15,640,00 was delivered from the E and F in total twenty times until May 2014, as indicated Nos. 1 through 3, 6, and 22.

As a result, the Defendant was provided with economic benefits equivalent to KRW 15,640,00, which was provided for the purpose of sales promotion, such as adoption and inducement of drugs.

2. Defendant B is a doctor who had worked as the director in charge of the division at I Hospital located in He in the male and female city in H.

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 the J of D Business Members that “to provide economic benefits, such as cash, upon prescribing prescription drugs, such as G, etc. produced and sold in D,” and agreed to accept it, and then the above hospital around December 2010.

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