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(영문) 수원지방법원 성남지원 2017.08.11 2016고정1488
의료법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 15,00,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A is an intention to operate “H Council member” in Ischeon-si G from June 4, 2012 to June.

No medical person, founder of a medical institution, nor person working for a medical institution shall be provided with money, goods, benefits, labor, entertainment, or other economic benefits provided by a person who has obtained marketing approval under Article 31 of the Pharmaceutical Affairs Act or a person who has filed a report on a product for the purpose of sales promotion, such as adoption of drugs and inducement

Nevertheless, the Defendant, upon receipt of a proposal from the J of I business employees, proposed that “I would give an advance payment of economic benefits, such as cash, in a way that prescribes a private drug,” and received KRW 9,200,000 in cash from J on May 2012, under the condition that I products are used by the said H member after opening the business at the said H member’s opening of the business and then use the I product at the said H member. From the first of December 2012 to October 2014, the Defendant was provided with KRW 14,40,000 in cash from J four times from the said H member’s first of December 201 to the first of October 2014, the Defendant provided the said H member with an alcoholic beverage, singing room, and entertainment equivalent to KRW 1,00,00 in two times from the J at Sungnam-nam City on January 20, 2013.

As a result, the Defendant received a total of 24,600,000 won from I for the purpose of sales promotion, such as adoption and inducement of medicine.

3. Defendant B is an intention to operate “L Council member” from May 8, 2012 to the present date at Ischeon-si K.

No medical person, founder of a medical institution, nor person working for a medical institution shall be provided with money, goods, benefits, labor, entertainment, or other economic benefits provided by a person who has obtained marketing approval under Article 31 of the Pharmaceutical Affairs Act or a person who has filed a report on a product for the purpose of sales promotion, such as adoption of drugs and inducement

Nevertheless, the Defendant received a proposal from the I business personnel J to the effect that “to provide economic benefits, such as cash, etc., by prescribing a private drug.” On June 2012, the Defendant was a policeman.

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