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(영문) 서울서부지방법원 2016.09.28 2016고단1738

의료법위반

Text

Defendant shall be punished by a fine of KRW 30,000,000.

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

Reasons

Punishment of the crime

The Defendant is a doctor I (Detention on the same day) who operates “I” on the 8th floor of the H building in Busan-gu H building in Busan-gu.

No medical person, founder of a medical institution, or person working for a medical institution shall receive money, goods, entertainment, or other economic benefits provided by a person who has obtained a license for items of a drug or a person who has filed a report on items of a drug for the purpose of sales promotion, such as adoption of drugs, treatment

Nevertheless, I, however, ordered the defendant to make a request for the offering of rebates on the condition that I change the limited high dex drugs into KK drugs of J Co., Ltd., as long as I continued to use the business employees of J Co., Ltd. at the above hospital.

Accordingly, at the above hospital meeting room on September 2009, the Defendant demanded to the effect that “ previously prescribed strins, but did not comply with the rebates demanded by the above pharmaceutical company,” and that “The J would make a change to K at 30% of the prescribed amount of rebates,” and that “I began to prescribe the above K drug from the end of August 2009 to the above hospital meeting room from the end of August 2009.”

Since then, on December 2010, the Defendant received KRW 306,106,000,000 in cash over 40 times from around October 2010 to June 2014 in return for prescribing “K” equivalent to KRW 50,000,000 from the above L from around October 2010 to around June 201, in return for prescribing “K” at the “N” coffee shop located in Busan Shipping Daegu, Busan.

Accordingly, the Defendant, in collusion with I, received a total of KRW 306,106,00 in cash for the purpose of sales promotion, such as inducement of prescription for medicines handled by JJ.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of I or L by the prosecution;

1. Statement made by the prosecution with respect to L;