beta
(영문) 서울서부지방법원 2016.07.06 2016고단842

의료법위반

Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is an intention to operate the “E Council member” in Daegu City/Sgu D.

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 notification for the purpose of sales promotion, such as adoption of drugs and inducement for prescription.

Nevertheless, the Defendant received a proposal from the F and G to the effect that “to provide economic benefits, such as cash, etc. by prescribing prescription drugs, such as pentlls, which are produced and sold in Pakistan,” which is a pharmaceutical company. On January 201, 201, the Defendant received KRW 7,200,000 from the above F from the above F at the above clinic of the above clinic of the above clinic of the above clinic of the crime and received economic benefits of KRW 47,50,000 in total from the above F and G by May 2014.

As a result, the Defendant received 47,500,000 won, which was provided for the purpose of sales promotion, such as adoption and inducement of medicine from malking Co., Ltd.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by each prosecutor with respect to F and G by the prosecution;

1. A G statement and the list of rebates;

1. A written statement and a list of rebates;

1. Application of Acts and subordinate statutes to investigation reports (the details of prescription and rebates amount);

1. Relevant provisions of the Act and the main sentence of Article 88-2 and Article 23-2 (1) of the Medical Service Act concerning the selection of punishment for a crime (excluding punishment);

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The latter part of Article 88-2 of the Medical Service Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Orders is negative on the fair distribution of medicines and appropriate medical practices for patients.