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(영문) 서울서부지방법원 2019.09.26 2018고정967
의료법위반
Text

[Defendant A] The defendant shall be punished by a fine of 4.5 million won.

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

Reasons

Punishment of the crime

1. Defendant A obtained a medical license on February 2010 and served as a major within C Hospital from March 2014 to February 2018.

A medical person shall not receive money, goods, benefits, labor, entertainment, or other economic benefits provided by a drug supplier, such as a drug wholesaler, etc. for the purpose of sales promotion, such as adoption of drugs, inducement of prescription, maintenance of transaction, etc.

Nevertheless, on January 2017, the Defendant received a proposal from the business members F of the (State) E, a pharmaceutical company, to pay a total of five million won in cash in the same way five times from May 2017, as well as from the receipt of the proposal to the effect that the Defendant would pay a total of five million won in cash by prescribing G, which is a pharmaceutical product manufactured and sold in (State) E, while working as the director of the bureau in the above hospital located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.

Accordingly, the Defendant, as a medical person, received KRW 5 million for the purpose of promoting the sale of medicines from a medicine supplier.

2. Defendant B obtained a medical license on February 2012, and served as a urology and major at a H hospital from March 2013 to February 2017.

No medical person shall receive money, goods, benefits, labor, entertainment, or other economic benefits provided from a supplier of drugs, such as the purchase of drugs, etc. for the purpose of sales promotion, such as adoption of drugs, inducement of prescription, maintenance of transaction, etc.

Nevertheless, the Defendant, at around January 2015, received a proposal from the above hospital located in Dong-gu Incheon Metropolitan City I to offer cash and meal expenses to the above K and the successor L in the same manner as the above K and the next successor L from November 2015, upon accepting the proposal to the effect that the Defendant would provide clurology, etc., which is a medicine sold by K from the main business operator of K of K of the KJ, for prescribing the benefits of clurology, etc.

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