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(영문) 서울북부지방법원 2016.04.01 2016고단517

의료법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a doctor who is operating a E member in the Dong-si in Gangwon-do.

No medical person shall receive money, goods, benefits, labor, entertainment, or other economic benefits provided by a person who has obtained permission for items under Article 31 of the Pharmaceutical Affairs Act or a person who has filed a report on items for the purpose of sales promotion, such as adoption of drugs, inducement for prescription, etc.

Nevertheless, the Defendant received KRW 24 million in cash, which was provided for the purpose of sales promotion, such as adoption of drugs manufactured and sold from F business G and H from F in the above E’s clinic around September 201 to October, 201, and received KRW 94 million in total over four times from around that time to June 2014, as indicated in the list of crimes committed in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the prosecution's statement protocol concerning G;

1. Relevant provisions of the Act and Articles 88-2 and 23-2 (1) of the Medical Service Act, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., reflective measures, 80 parents and her parents who are in the line of duty, and support for students' children);

1. Collection under Article 88-2 of the Medical Service Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;