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(영문) 서울서부지방법원 2019.07.10 2018고정935
의료법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant obtained a medical license from March 2013 to February 2018 and served as a major in the department within the C University D Hospital located in Seoul (hereinafter “D Hospital”) from March 2014 to February 2018.

No medical person shall receive money, goods, benefits, labor, entertainment, or other economic benefits, which are provided from a drug supplier for the purpose of sales promotion, such as adoption of drugs, inducement of prescription, maintenance of transaction, etc.

Nevertheless, the Defendant, while working as the Director General of the D Hospital around November 2016, received a proposal from the F member of the K (hereinafter referred to as “E”) to the effect that “E prescribes G, etc., which is a medicine manufactured and sold by the K, the Defendant would pay the purchase price of the coffee, etc. in advance and refer to the pre-paid card, which is charged in the amount of its bend; hereinafter the same shall apply),” and received the proposal from the E (F) in the same way as in the attached list of crimes, and received the coffee pre-paid card equivalent to KRW 200,000 from August 2017, 2017.”

As a result, the Defendant, as a medical person, received economic benefits provided for the adoption of medicine from a medicine supplier.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Part of the second protocol of the trial in which the witness F statement is written;

1. In order to specifically determine whether a weekly report attached to an interrogation protocol of the Defendant by the prosecution against the Defendant constitutes an ordinary document on duty as provided by Article 315 subparag. 2 of the Criminal Procedure Act, in light of the legislative intent of Article 315 subparag. 2 of the Criminal Procedure Act, whether the pertinent document was taken out from work performed on a regular and Rule basis, and whether preparing the pertinent document is forced to conduct daily business or official duties.

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