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(영문) 서울북부지방법원 2017.11.16 2016고단5795
의료법위반
Text

The punishment of a defendant shall be 15,000,000 won.

When a fine is to be paid, it shall be confined in a workhouse for 150 days.

Reasons

Punishment of the crime

The defendant operates a department A in Dongdaemun-gu Seoul Metropolitan Government E.

Medical personnel of "2016 Highest 5795" shall not receive money or other economic benefits provided by a person who has obtained permission for items under Article 31 of the Pharmaceutical Affairs Act or a person who has filed a report on items for the purpose of sales promotion, such as adoption and inducement of drugs.

The Defendant received KRW 24 million in cash, which was provided for the purpose of sales promotion, such as adoption and inducement of countermeasures against medicine manufactured and sold from F from the head of the Seoul Branch G and the head of the business 4 team H, in a medical care room for the medical departments within A around March through April 2012.

Medical personnel of "2017 Highest 4030" shall keep a register of medical treatment and record the matters and opinions concerning medical practices, such as the main symptoms, diagnosis and treatment of the patient, in detail.

From around June 8, 2016 to June 8, 2017, the Defendant: (a) performed medical practice in which the KON 2ml/50 of the KON 400 ampl/400 of the KON 10V, and the KON 2ml/5ml/10A 170 ampl/ 170 ampl of the NON 2ml/50 2ml/50 xl/50 xl/50 xl/50 xl/50 xl/ 100 xl of the NON xl, 10V of the KON 10V, 5ml/10A 132 ampl/132 ampl of the New deel.

However, the Defendant did not record all matters concerning personal information, such as the address of the person who received the medical treatment, the result of the diagnosis, the progress of the medical treatment, the details of the medical treatment, the date and time of the medical treatment.

Summary of Evidence

"2016 Highest 5795"

1. Part of the defendant's oral statement;

1. The legal statement of the witness H and G;

1. A protocol concerning the examination of the accused by the prosecution (including H statements);

1. Copy of the protocol concerning the examination of suspect of H by the prosecution;

1. Statement made by the prosecution with regard to G;

1. A copy of the protocol concerning the examination of suspect by the police against the defendant or H (including the J's statement);

1. Documents printed out of the computerized data confiscated by the F Seoul branch office (unfavorable transaction lines, etc.);

1. Part of the seized books of account (Seoul 2 Branch Office) referring to the current status of the non-entry substitution (Seoul 2 Branch Office) on April 2012 201, grouped 4030;

1. The defendant's person;

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