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(영문) 서울남부지방법원 2012.11.14 2012고단3591
의료법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around December 2005, the Defendant is an office manager working in Yangsan City B. Medical personnel, founder of a medical institution, and employees working in a medical institution shall not receive money, goods, labor, entertainment, and other economic benefits provided from a person who has obtained permission for items of drugs for the purpose of sales promotion, such as adoption of drugs and inducement of prescription. Nevertheless, around December 2010, the Defendant received a prescription deposit of drugs manufactured and produced under the above C C, such as “E,” which is a government administration agent, from D of the business personnel of (ju) C drugs, and received nine million won in cash from D around December 30, 201, and received six million won in cash from D around January 31, 201; and received KRW 8 million in cash from D around May 30, 201, and received KRW 3 million in total from D around December 30, 201.

As a result, the Defendant received money from (main) C drugs with marketing approval for drugs for the purpose of sales promotion, such as adoption and inducement of treatment of drugs manufactured and produced in the above C drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to the draft D;

1. The choice of imprisonment with prison labor, under Articles 88-2 and 23-2 of the Medical Service Act, for criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that the defendant reflects his mistake and that the defendant is the primary offender);

1. It shall be decided as per Disposition on the grounds of the proviso of Article 88-2 of the Medical Service Act or more;

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