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(영문) 광주지방법원 2017.09.15 2017고합131
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

G and Y in one year and six months of imprisonment, Defendant AZ in six months of imprisonment, Defendant BA in fine of 20,000,000.

Reasons

Punishment of the crime

Defendant

G and Defendant AY had the intent to open and operate the F Hospital from October 15, 2015. Defendant AZ is a doctor who opened and is operating BC member from around 1997. Defendant BA is a doctor who opened and operates BD hospital from March 2016. Defendant A is a person who actually operates C (hereinafter “C”) for the purpose of general medicine wholesale and retail business, etc.

1. No person who has committed a joint crime by Defendant G, Defendant AY – Medical Personnel in violation of the Medical Service Act, founder of a medical institution, nor employees working for a medical institution shall receive, or cause any other medical institution to receive, money, goods, benefits, labor, entertainment, or other economic benefits provided for the purpose of promoting sales, such as inducing the adoption of drugs and maintaining transactions, from a medicine supplier;

around May 28, 2014 to June 6, 2014, the Defendants demanded the actual operator C, a drug wholesaler, to use the term “franchise” 1.5 billion won under the name of exclusive contract for the supply of medicines to the F hospital, which is scheduled to open to A. The Defendants agreed to pay 100 million won of the sales of medicines to F Hospital C from the above 1.5 billion won each year, and received money from a person who received 300 million won from the head of the “BE Center” center (BF) in the name of H on November 28, 2014 and received money from the person who received 1.5 billion won in total from around November 28, 2014 to June 10, 2015 for the purpose of promoting the supply of medicines by receiving 1.5 billion won in the name of the above A from the above 18th to June 28, 2015.

2. Single crime of Defendant AZ - No medical person who violates the Medical Service Act, founder of a medical institution, nor person working for a medical institution shall receive money, goods, labor, entertainment, or any other economic benefit, or have another medical institution receive such benefit, from a medicine supplier, for the purpose of sales promotion, such as adoption of drugs, inducement of prescription, maintenance of transactions, etc.

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