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(영문) 서울서부지방법원 2016.02.18 2014고단3358
의료법위반
Text

1. Defendant A shall be punished by a fine of KRW 15 million.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A is an intention to operate the “W Council member” in the V and the 2nd floor of the Southern Jinjin-gun.

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 marketing approval under Article 31 of the Pharmaceutical Affairs Act or a person who has filed a report on a product for the purpose of sales promotion, such as inducement of adoption of drugs.

Nevertheless, the Defendant provided economic benefits, such as cash, from the business X of I Co., Ltd. (hereinafter referred to as “I”).

“On receipt of a proposal to that effect, it shall be complied with.”

On March 201, the Defendant received economic benefits equivalent to KRW 30,000,000, which was provided by W Council members for the purpose of promoting the sale of drugs from X.

As a result, the Defendant received economic benefits from I for the purpose of promoting sales such as inducing to adopt medicines.

2. Defendant B is an intention to operate the “Zwon in the Daegu Dong-guY, Y, one to four stories”.

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 marketing approval under Article 31 of the Pharmaceutical Affairs Act or a person who has filed a report on a product for the purpose of sales promotion, such as inducement of adoption of drugs.

Nevertheless, the defendant will provide the economic benefits such as cash, etc. by prescribing the "self-pharmaceutical drugs" from AA of the I business operators.

“On receipt of a proposal to that effect, it shall be complied with.”

Accordingly, the Defendant received 10,000,000 won in cash from around June 201, 201 to around December 201, from around 15,000 won in cash, for the purpose of promoting the sale of medicines from AA, and received the economic benefits of KRW 15,00,000 in cash twice from around the date to around December 201.

This is the defendant.

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