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(영문) 서울서부지방법원 2016.09.07 2016고단1246
의료법위반
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

105,053,00 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant is a doctor who operates the “A” on the 8th floor of the D Building in Busan Metropolitan Government.

The defendant ordered the wife E to demand that he be paid money on the condition that he change the drug strins of the Korean Pharmacopoeia into the drug pents of the Pakistan Co., Ltd., but currently in use at the above hospital.

Accordingly, at the above hospital meeting room on August 2009, E demanded that “B had prescribed strins before, but did not comply with the rebates demanded by the above pharmaceutical company, and try to change to pentlls.” At the above hospital meeting room, E demanded to the effect that “I would like to change the rebates to 30% of the prescribed amount of rebates,” and the Defendant began to prescribe pentlls from the end of August 2009 to the end of August. 2009.

Since then, in December 2010, E received 306,106,000 won in cash over 40 times, as stated in the attached list of crimes, from G from October 2010 to June 2014, in return for prescribing the pentll equivalent to KRW 50,000,000,000, in return for prescribing the pentll for a certain period from October 2010 to October 201.

As a result, the Defendant, in collusion with E, received money of KRW 306,106,00 which was provided for the purpose of sales promotion such as inducing prescription for medicines handled by malking corporation.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning E and G;

1. Copy of the interrogation protocol of prosecution E;

1. Each prosecutor's statement to G and J;

1. A copy of the first protocol of interrogation of the police officer concerning G;

1. The police statement of K;

1. Photographs of a written request for withdrawal;

1. An investigation report (A, the details of prescription and the amount of rebates), an investigation report (report on the results of G mobile phone analysis), an investigation report (to listen to the statements of cell phone operators from cell phone operators), and an investigation report (to listen to the statements of cell phone operators, and to the change of cellex).

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