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(영문) 창원지방법원 2018.10.24 2018노1753
의료기기법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles) is KRW 600 million deposited in the net F’s account; and even if this is a borrowed money, economic benefits should be considered to have been provided for the purpose of sales promotion.

2. Summary of the facts charged in this case and the judgment of the court below

A. Summary of the facts charged in the instant case 1) Defendant A and B are corporations established for the purpose of selling medical appliances and putting medical device siren back, etc., Defendant B is the managing director belonging to the business division of the said corporation, and Defendant A is the vice head belonging to the business division of the said corporation.

No manufacturer of a medical device shall provide any economic benefit to a medical person, founder of a medical institution, or an employee of a medical institution with intent to promote sales, such as inducing the adoption or use of a medical device

Nevertheless, Defendant A, with Defendant B’s approval on March 18, 2016, sold in the E Hospital located in Sacheon-si, Sacheon-si, Sacheon-si, to the above hospital, the medical professionals of which in KRW 1.1 billion, Defendant A, who had been the head of the hospital at the time, to provide the netF with funds of KRW 600 million, and the same year.

4. Around 29.20.0 billion won was deposited from the corporate account of the Corporation C to the account in the name of “F (E)”.

Accordingly, the Defendants conspired to offer economic benefits to medical personnel for the purpose of facilitating sales.

2) Defendant C, a Defendant, committed a violation as described in the preceding paragraph with respect to the Defendant’s business.

B. In light of the various circumstances set out in the lower judgment, the lower court’s determination is difficult to readily conclude that the net F’s KRW 600 million received from the Defendant Company C’s account is the borrowed money, and it is difficult to readily conclude that the net F was offered with rebates, and that the net F acquired economic benefits by lending money as above.

It is difficult to see

In light of the facts charged, the lower court acquitted the instant charges.

3. The records of the court below's judgment are based on the facts stated by the court below.

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