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(영문) 서울서부지방법원 2015.12.24 2015고정296
의료법위반
Text

Defendant

A and B shall be punished by a fine of KRW 3,000,000, and Defendant C by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A is a doctor to operate the Seongbuk-gu Seoul Metropolitan Government H, the first floor underground, and the fifth floor above ground.

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 Defendant, upon receiving a proposal from J of the business members of the East Drugs Co., Ltd. (hereinafter “Modern medicine”), proposed that “I will provide economic benefits, such as cash, if you prescribe the private drug.”

Around March 2011, the Defendant was provided with the amount equivalent to KRW 5,000,000, which was provided by the said J for the purpose of promoting the sale of medicines at the above I Council.

As a result, the Defendant received economic benefits from the dynamic drugs for the purpose of sales promotion, such as adoption and inducement of drugs.

2. The defendant C is a doctor who operates the " within the C" group in Hasan-si, Osan-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 defendant, upon receiving a proposal from L of the same drug business operator, proposed that "to provide economic benefits, such as cash, if he prescribes his own medicine," and agreed to comply with it.

On November 14, 201, the Defendant received the economic benefits equivalent to KRW 1,000,000 in cash, which was provided by the above L for the purpose of promoting the sale of medicines from the above L, from the medical clinic in the above C.

As a result, the Defendant is provided from the dynamic drugs for the purpose of sales promotion, such as adoption and inducement of medicine.

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