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(영문) 서울서부지방법원 2016.02.18 2014고단905
의료법위반
Text

Defendant shall be punished by a fine of KRW 30,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant served from April 22, 2009 to April 21, 2012 in F Hospital located in Gyeongjin-gun E, Chungcheongnam-gun, U.S. as his/her surgery.

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, a company G (trade name was changed to H).

The amount equivalent to 20% of the prescribed amount of medicine will be considered as rebates in return for prescribing a large number of pharmaceutical products, such as J (cerebral chymosis treatment products) from business personnel I (hereinafter referred to as 'G').

“In receipt of a proposal to the effect that it is “,” and to comply with it.

Accordingly, the Defendant received 2,00,000 won in cash equivalent to 20% of the prescribed amount in return for prescribing G drugs, such as J, which are special medicines, from I in the front of the F Hospital during the month of January 25, 2011 from I in December 2011, and received money and entertainment equivalent to 44,80,000 won in total over 12 times in total from January 25, 201 to October 15, 2011 as indicated in the column for recognition of the attached list of crimes.

Accordingly, the Defendant received money and entertainment provided from G for the purpose of sales promotion such as inducing the adoption of medicine.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of a witness I;

1. Each protocol of examination of the suspect against the accused by the prosecution (including attached documents);

1. Statement made to the prosecution by each prosecutor with regard to I;

1. Each investigation report (in the data submitted by the informant, a copy of the F Hospital-Related Check, a copy of the draft, and a copy of the statistical data on prescription, a report on the analysis of seized materials - a report on the execution of a warrant of search and seizure of H H Daegu Office, and the verification of the details of the use of the check, relating to the I’s corporate card.

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