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(영문) 대구지방법원 2019.10.15 2019고정160
의료법위반
Text

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

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

Reasons

Punishment of the crime

around June 2012, the Defendant received KRW 100,000 from E in total 23 times, as shown in the attached crime list, from around June 2014, 2014, KRW 2.655,00,000,00 from E, in return for prescribing the F, which is a medicine manufactured by the said company, from E, at a medical department located in Daegu Suwon-gu, Daegu-gu. B.

As a result, the Defendant received money from the medical provider for the purpose of promoting the sale of medicines.

Summary of Evidence

1. The witness E’s legal statement (a defendant asserts that there is no money or valuables received from E in return for the use of medicine, but the defendant can be recognized as having received the above money from E in full view of the witness E’s investigation agency and the statement in this court);

1. Copies of each police statement to E;

1. An interrogation protocol of the police against the accused (E substitute part);

1. E prosecutorial statement;

1. Investigation reports (additional submission of data on current status of the D business budget and details of prescriptions);

1. Report on investigation (the details of prescriptions, such as council members within the C and council members) and application of Acts and subordinate statutes on prescription;

1. Article 88-2 and Article 23-2 (1) of the former Medical Service Act (Amended by Act No. 14438, Dec. 20, 2016); and the selection of fines on criminal facts;

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

1. The proviso to Article 88-2 of the former Medical Service Act (Amended by Act No. 14438, Dec. 20, 2016);

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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