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(영문) 춘천지방법원 원주지원 2014.11.28 2014고정408
배임수재등
Text

Defendant

A shall be punished by a fine of KRW 7 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On November 14, 2013, Defendant A was sentenced to a suspended sentence of two years on August 26, 2014 by imprisonment with prison labor for the crime of taking property in breach of trust at the Gangnam Branch of the Chuncheon District Court, and the said judgment became final and conclusive on February 26, 2014.

The defendant is a doctor who has served as the chief of the F Hospital in Gangnam-si E.

Around July 2011, the Defendant received an illegal solicitation from the business employees G of Han MMS Co., Ltd. to the effect that he/she prescribed the Megetization of drugs supplied by Han MS Co., Ltd., Ltd., and received cash KRW 5 million from that time until December 2012, the Defendant received cash of KRW 13.5 million in total over 18 times as shown in the list of crimes in the attached Table, from that time.

As a result, the Defendant received illegal solicitation related to the adoption and inducement of medicine in a F Hospital, and acquired financial benefits equivalent to KRW 13.5 million in total in violation of the work.

(b) No medical personnel who violates the Medical Service Act shall receive money, goods, benefits, labor, entertainment, or other economic benefits provided by a person who has obtained permission for items under Article 31 of the Pharmaceutical Affairs Act, or a person who has filed a report on items for the purpose of sales promotion, such as adoption of drugs or inducement for prescription;

Nevertheless, around July 201, at the Defendant’s clinic located in the above F Hospital, the Defendant received KRW 5 million in cash, which was provided for the promotion of sales, such as the adoption of and inducement for address against the M&S, from G, and received KRW 13.5 million in total over 18 times from around that time to December 2012, as shown in the list of crimes in the attached Table, from around 201.

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

2. Defendant B had been working for an anesthesia hospital located in Gangseo-si as a doctor and anesthesia.

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