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(영문) 수원지방법원 2017.02.08 2016고정2082
의료법위반
Text

Defendants are not guilty.

Reasons

1. Facts charged;

A. Defendant B is a doctor who opened and operates a “G Council member” from March 6, 200 to February 2, 2012.

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 permission for items of a drug for the purpose of sales promotion, such as adoption of and guidance for prescription of a drug.

Nevertheless, from July 201 to January 2012, the Defendant received a prescription request for drugs manufactured and produced at the office of the above “G Council members” from (ju) H business members I to (ju), such as J.) and received, as a result, KRW 3.45 million in cash at the above hospital clinic around July 201, and KRW 5.85 million in cash at the above hospital clinic around August 1 to January 31, 201.

As a result, the Defendant received money, goods, benefits, labor, entertainment, and other economic benefits provided for the purpose of sales promotion, such as adoption and inducement of drugs manufactured and produced at the above H (State) from the Defendant who obtained marketing approval of drugs.

B. Defendant A, from May 25, 2007, was a doctor who opened and installed “L internal council members” in the K Building 401 to 402 from the time of harmony.

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 permission for items of a drug for the purpose of sales promotion, such as adoption of and guidance for prescription of a drug.

Nevertheless, from April 201 to July 201, the Defendant received a prescription request for drugs manufactured and produced at H (State), such as “N,” from (State) H business personnel M, from the above L’s office at (State) H business personnel M, and received a delivery of KRW 100,000,000 for merchandise coupons around July 201.

As a result, the Defendant, who obtained marketing approval of drugs, shall promote sales, such as adoption and inducement of treatment of drugs manufactured and produced at the above H from (main) H.

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