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(영문) 서울서부지방법원 2017.07.14 2016고단2239 (1)
의료법위반
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is an intention to operate a AX member in Jung-gu Seoul Metropolitan Government.

No medical person, founder of a medical institution, or person working for a medical institution shall receive money, goods, benefits, labor, entertainment, or other economic benefits provided by a person who has obtained a product license of a drug or a person who has filed a product notification for the purpose of sales promotion, such as adoption of a drug or inducement for prescription

Nevertheless, the Defendant received a proposal from R, who is a member of Q business, to provide economic benefits, such as cash, upon prescribing Q drugs, and to comply with it. On December 201, the Defendant received KRW 1360,000 from the above R in cash from the above member’s clinic around December, 201, and received the cash amounting to KRW 2,458,00,000,000 from around that time until June 2014, as shown in the list of crimes in the attached Table.

As a result, the Defendant received money equivalent to KRW 2,458,00,00 from Q for the purpose of sales promotion such as adoption and inducement of medicine.

[Defendant, although receiving rebates, did not amount to KRW 24.58 million, the Defendant asserted that the amount did not amount to KRW 24.58 million.

However, the amount of the Defendant’s rebates received is prepared based on data business methods, business expenses and business goals, Defendant’s tendency and drug prescription, changes in the company’s rebates policy, based on data database, based on which R, who is a Q business employee, is based on a written request for withdrawal from shipments made in the course of business.

In addition, it is difficult to find out the circumstances where R, an employee of one business, makes an excessive statement of the amount of rebates payment.

Therefore, we cannot accept the above argument.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness R;

1. A protocol concerning the examination of the suspect against the defendant (including R)

1. In addition to the investigation report (Evidence No. 6 through 8, 62, 135, 136), accompanying documents;

1. Protocols of seizure, list of seizure, and certified copy of registry;

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