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(영문) 대전지방법원 2017.05.02 2016고정1497
의료법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a doctor who operates a hospital at Daejeon Dong-gu C and the second floor.

Medical personnel, founders of medical institutions, and employees of medical institutions shall not receive money, goods, benefits, labor, entertainment, or other economic benefits provided from suppliers of drugs for the purpose of sales promotion, such as adoption of drugs, inducement of prescription, maintenance of transaction, etc.

Nevertheless, around September 25, 201, the Defendant received KRW 500,000,000 in cash provided for the purpose of sales promotion, such as adoption, prescription inducement, transaction maintenance, etc. of medicines manufactured and sold in the territorial constraints from E, a business operator of the foregoing D hospital (ju), from E who is an employee of the foregoing D hospital; KRW 500,000 in cash under the same name as of November 25, 201; and KRW 1 million in cash under the same name as of August 25, 201, and KRW 50,000 in the same name as of October 25, 2014.

As a result, the Defendant received a total of 2.5 million won in cash provided for the purpose of sales promotion, such as inducing the supply of drugs, maintaining transactions, etc. from a medicine supplier.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Application of the respective legal statements of witness E and F to the Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 88 subparagraph 2 and 23-3 (1) of the Medical Service Act for the selection of criminal facts;

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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