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(영문) 서울서부지방법원 2015.10.14 2014고단3363

의료법위반

Text

Defendant

A A A Fine of 10,00,000 won, Defendant B of a fine of 7 million won, Defendant C of a fine of 5 million won, and Defendant C of a fine of 5 million won.

Reasons

Punishment of the crime

1. The defendant A is a doctor who operates a " within the 'O' branch in the Seoul Jung-gu N.

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 report, for the purpose of sales promotion, such as adoption of drugs and inducement

Nevertheless, the Defendant received a proposal from PP member Q to the effect that “I will provide economic benefits, such as cash, if you prescribe the dead drug.”

Accordingly, around February 18, 201, the Defendant received cash of KRW 4,780,50 from Q to Q for the purpose of promoting the sale of medicines through R, a stock company, and received economic benefits equivalent to KRW 19,121,00 in total four times from the above date and time to March 18, 201, as stated in the attached Table of Crimes List (1).

As a result, the Defendant received economic benefits from P for the purpose of sales promotion, such as adoption and inducement of drugs.

2. Defendant B is a doctor who operates the “in-B” clinic in Daejeon Sung-gu S.

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 report, for the purpose of sales promotion, such as adoption of drugs and inducement

Nevertheless, the defendant received a proposal from the PP member T to the effect that "to provide economic benefits, such as cash, if you prescribe the dead drug."

Accordingly, around December 2010, the Defendant received cash of KRW 1,00,000 from T for the purpose of promoting the sale of medicines from the above members of the Department B.

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