beta
(영문) 서울서부지방법원 2016.06.10 2015고단2049

의료기기법위반

Text

[Defendant A, B, and C]

1. Defendant A shall be punished by imprisonment with prison labor for ten months, Defendant B and C, and eight months; and

2.Provided, That this judgment shall not apply.

Reasons

Punishment of the crime

2015 Highest 2049 Defendant D (L) is the branch office of Korea in Gangnam-gu Seoul Metropolitan Government I, Defendant A is the vice president in charge of the business as the vice president of D (Korean). Defendant B is the representative director of D (L) who received medical devices from D (L) in the J Building K in Gwangju Metropolitan City, and sells medical devices from D (L) in the area south of Gwangju, and Defendant C is the representative director of D (L) who is the agent of Gangnam-gu, Jung-gu and Gwangjin-gu, Seoul. The representative director of D (L) who is the agent of D (L) who receives medical devices from D (L) in Sungnam-gu, Seoul Metropolitan City, and sells them to C (L) in Seoul, Gangnam-gu and Gwangjin-gu.

1. No distributor of a medical device shall provide any economic benefit, etc. to any person who has established a medical institution or any person who has established a medical institution with an intention to induce him/her to adopt or use a medical device or promote distribution

Nevertheless, the Defendant conspired with E, C, F, G, B,O, P, Q, Q, R, T, etc. to provide economic benefits by means of overseas travel, etc. for the purpose of inducing the adoption and use of medical devices and promoting the sale or lease of medical devices.

In collusion with the above E, the Defendant provided an opportunity for overseas travel between January 24, 2013 to February 28, 2015, including the golf and tourist schedule, and provided an opportunity for overseas travel with 78 persons in total for the purpose of sales promotion on five occasions, such as the [Attachment 1]-5 table of crime and [Attachment 78]. The Defendant provided an economic benefit equivalent to 239,078,706 won.

2. No distributor of a medical device shall provide any economic benefit, etc. to any person who has established a medical institution or any person who has established a medical institution with an intention to induce him/her to adopt or use a medical device;

Nevertheless, the Defendant conspired with E, A, etc. to provide economic benefits by means of overseas travel, etc. for the purpose of inducing the adoption and use of medical devices and promoting the sale or lease of medical devices.

Defendant E, A, etc.