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(영문) 대구지방법원 2016.12.02 2016고정1702
의료법위반
Text

The sentence of punishment against the Defendants shall be suspended.

Defendant

A 2.6 million won from Defendant B, 2.2 million won from Defendant B.

Reasons

Punishment of the crime

Defendant

A and Defendant B shall serve as the head of the internal department in the F Hospital located in the Gyeongdong-si, Gyeongdong-si.

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 report, for the purpose of sales promotion, such as adoption of drugs and inducement

Nevertheless, the Defendants received the proposal to the effect that “the Defendants will provide economic benefits, such as cash, if they prescribe and sell prescription drugs, such as pentlls, etc., which are produced and sold in malking,” from G, while serving as the head of each of the above F Hospital, and that they will comply with it. Defendant A received KRW 2.6 million from May 2012 to May 2013 via 13 times in the annexed crime sight table (9) No. 1 to 13, and Defendant B received KRW 2.2 million in total from June 2013 to March 2014.

Summary of Evidence

1. Each legal statement of the Defendants (as of the third trial date)

1. The prosecutor's statement concerning G;

1. Each police suspect interrogation protocol of H, I, J, K, and L;

1. The part written in G among the interrogation protocol of the police officer against Defendant A

1. Each police statement made to M, N,O, P, and K;

1. An investigation report (the details of address and the adjustment of the amount of rebates), an investigation report (the attachment of a written request for withdrawal from forwarding agents);

1. Details of transactions in the financial account;

1. Investigation report (including details of prescriptions by suspect and details of the payment of rebates);

1. Reports on internal investigation (report on the claim for bees and the procedure for payment of bees);

1. An investigation report (with respect to the preparation of a list of sights), and a list of rebates of Daegu business offices;

1. Domestic investigation reports (Submission of a business list and rebates list by place of business), G Statements (No. 1370-1384 of the records), and rebates list (No. 1489-1499 of the records), 1.

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