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(영문) 서울서부지방법원 2019.06.27 2018고정954
의료법위반
Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

The Defendant obtained a medical license on February 2009 and served as the Director General from September 2013 to August 2014.

No medical person shall receive money, goods, benefits, labor, entertainment, or other economic benefits provided by a drug supplier, such as a pharmaceutical company, etc. for the purpose of sales promotion, such as adoption of drugs and inducement for treatment.

Nevertheless, on October 2013, the Defendant received a proposal from the Plaintiff, a pharmaceutical company, to provide a prescribed amount of cash, etc. in the face of prescribing DF, which is a medicine manufactured and sold in the State, from E, a pharmaceutical company, while working for the above hospital located in the Nam-gu Incheon Metropolitan City, as the director general of the bureau for general affairs and medicine, and received a payment of KRW 100,000,000 in total by the same method eight times from July 2014, as well as from receiving KRW 10,000 in cash.

Accordingly, the Defendant, as a medical person, received KRW 11 million for the purpose of promoting the sale of medicines from a medicine supplier.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness E and G;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Investigation protocol and statement of E by the prosecution;

1. E statements;

1. A copy of the business pocket book, day-to-day report, H bank account transaction details, crime sight table submitted by a suspect A on June 7, 2018, copy of the pocket book stating rebates details, and a list of rebates in case of D service prepared on the basis of the above pocket book;

1. Application of Acts and subordinate statutes to investigation reports (Evidence Nos. 81, 96);

1. Article 88-2 and Article 23-2(1) of the former Medical Service Act (Amended by Act No. 13658, Dec. 29, 2015); the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 88-2 of the previous Medical Service Act;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Economic benefits;

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