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(영문) 서울서부지방법원 2015.09.24 2015고정282
의료법위반
Text

Defendant

A and B Each fine of KRW 7,00,000, Defendant C shall be punished by a fine of KRW 5,000,000, and Defendant D shall be punished by a fine of KRW 3,00,00.

Reasons

Punishment of the crime

1. Defendant A is a doctor to operate the “M Council member” in the case of the Jeonbuk-Eup, North Korea.

No medical person, founder of a medical institution, nor 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 under Article 31 of the Pharmaceutical Affairs Act, or a person who has filed a product report, for the purpose of sales promotion, such as adoption of drugs and inducement

Nevertheless, the Defendant received a proposal from N Business OperatorsO that “I will provide economic benefits, such as cash, if you prescribe a private drug,” and agreed to comply with the proposal.

On May 8, 2011, the Defendant received a total of KRW 13,600,000,000, which was provided by the aboveO for the purpose of promoting the sale of medicines from the aboveO, and received a total of KRW 13,60,000,000, around May 15, 2011.

As a result, the Defendant received economic benefits from N for the purpose of sales promotion, such as adoption and inducement of medicine.

2. Defendant B is an intention to operate the “ Quwon in the second floor in the Gyeonggi-gu P in Suwon-si.”

No medical person, founder of a medical institution, nor 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 under Article 31 of the Pharmaceutical Affairs Act, or a person who has filed a product report, for the purpose of sales promotion, such as adoption of drugs and inducement

Nevertheless, the Defendant received a proposal from N business R to the effect that “I will provide economic benefits, such as cash, on the face of prescribing a private drug.” and agreed to comply with the proposal.

Accordingly, around December 17, 2010, the Defendant received cash of KRW 1,003,80 from the above Qu for the purpose of promoting the sale of medicines from the above R, as well as the content of the “crime List 3” as stated in the attached Table, such as the above date and time from January 201 to January 2012.

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