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(영문) 광주지방법원 목포지원 2014.11.21 2014고정300
의료법위반
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[B] Around April 2009, the Defendant, as the president of the “E Hospital” located in Gwangju-dong-gu, Gwangju, had the FF representative director G, Inc., a drug wholesaler, supply medicines to the E Hospital on condition that he would receive rebates 30% of the sales of the Defendant’s Hah’s Hah’s Hah’s Ha were offered.

From around that time, the Defendant was supplied with medicines from Company F, paid the price of KRW 10 million on February 24, 2009, and KRW 20 million on October 29, 2009, respectively, and received KRW 9 million on November 5, 2009 from G as rebates.

【Criminal Facts】

No medical person, founder of a medical institution, or person working for a medical institution shall receive money or other economic benefits provided for the purpose of sales promotion, such as adoption and inducement of drugs, from a person who has obtained marketing approval of drugs under the Pharmaceutical Affairs Act, or a person who has reported items, importer of drugs, or drug wholesaler.

Nevertheless, on November 30, 2009, the Defendant, as the president of the above “E Hospital”, had G supply medicines to the E Hospital under the above conditions, and received KRW 5,932,650 as the pretext of the rebates from the Haman on November 1, 2010.

In addition, from November 2010 to May 201, 2013, the Defendant received KRW 74,630,282 in total for the purpose of promoting the sale of drugs on 31 occasions, as shown in the list of crimes (1) as shown in the attached Table of Crimes (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning G and H;

1. Each police suspect interrogation protocol concerning G;

1. Application of Acts and subordinate statutes governing application for propagation assistance, Nos. 14, 35, 53, and 70;

1. Article 88-2 of the Medical Service Act and Articles 88-2 and 23-2 (1) of the same Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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

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