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(영문) 대구지방법원 경주지원 2017.05.17 2016고정259

의료법위반

Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

Medical personnel, founders of medical institutions, and employees working for medical institutions shall not receive money, goods, benefits, labor, entertainment, or other economic benefits provided from the suppliers of drugs for the purpose of sales promotion, such as inducing them to adopt, prescribe, and maintain transactions of drugs.

1. Defendant B is a doctor of “F hospital” in Si-si, Young-si.

The Defendant received KRW 3,00,000,000, from August 23, 2012 to August 29, 2012, the Defendant provided for the purpose of sales promotion by adopting, inducing to prescribe, and maintaining transactions with respect to medicines manufactured and sold under the foregoing “F Hospital” from G, a business operator of the foregoing “H Hospital,” to (State) from G, which is an employee of the business entity of the genetic restriction.

2. Defendant A is the physician of “H hospital” located in Sim-si I.

From July 21, 2012 to August 14, 2012, the Defendant received 3,000,000 won in cash provided for the purpose of sales promotion, such as adoption, prescription inducement, transaction maintenance, etc. of medicines manufactured and sold in the foregoing H hospital from G from G (a member of the business of operating the host restriction) to G (ju) who is a member of the business of the host restriction.

Judgment

1. The G police’s statement as evidence proving each of the facts charged in the instant case and the details of payment of the corporation card corresponding thereto (the 115, 116th page of investigation records) are consistent with the judgment of the instant case.

However, as to the part of the facts charged against Defendant B, the Health Team, and G, from August 23, 2012 to August 29, 2012, “The police granted KRW 3 million from August 2012 to August 29, 2012.”

The statement is not a statement to comply with the corporate card settlement details.

Defendant

B A written statement to the effect that “The delivery of KRW 3 million to Defendant B around July 2012, in return for the prescription of KRW 6 million each around July 2012 and around December 12, 2012.” Defendant B ordered a drug equivalent to KRW 6 million each around July 2012 and around December 12, 201, but the fact that Defendant B ordered a drug equivalent to KRW 6 million (31 pages of investigation record) is recognized. However, Defendant B paid KRW 3 million compared to his own order amount.