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(영문) 서울서부지방법원 2019.10.11 2018고정1089

의료법위반

Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

The defendant is a doctor as the president of the Incheon Gyeyang-gu building B and the "C Hospital" on the second floor.

No medical person shall receive money, goods, benefits, labor, entertainment, or other economic benefits provided by a pharmaceutical company or any other supplier of drugs for the purpose of sales promotion, such as adoption of, guidance for prescription, maintenance of transaction, etc.

Nevertheless, around September 2010, the Defendant received KRW 1 million in cash from D’s business employees E of the pharmaceutical company’s opening of the above member’s business at the above location from E to October 2016 in consideration of the continued provision of F, etc., which is the medicine of the said pharmaceutical company, at the above location from February 2, 2013 to October 2016, the Defendant received KRW 3 million in total over 10 times as shown in the attached list of crimes.

As a result, the Defendant, as a medical person, received economic benefits equivalent to three million won for the purpose of promoting the sale of medicines from a medicine supplier.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Examination protocol of the accused by prosecution;

1. The written statement of the defendant;

1. The following circumstances are acknowledged according to the investigation report (a summary of the details of rebates related to rebates for the C Hospital), investigation report (a report on the confirmation of the prescription details of medicines of a pharmaceutical company with the same effect as D, other than the same effect), request for investigation data, response to requests for investigation data, prescription status of medicines, investigation report (Comparison of the prescription details of medicines of the D and other pharmaceutical companies), D prescription details of the C Hospital, the prescription details of medicines of the same pharmaceutical company as the C Hospital, and the evidence adopted and investigated by this court.

① In the process of investigation conducted by the prosecution, the Defendant stated that he received economic benefits equivalent to KRW 3 million for the purpose of promoting the sale of drugs, such as the list of crimes in the attached Table, and also prepared and submitted a written statement of the same content. At the time, the Defendant’s defense counsel participated in the investigation process.

(2)