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(영문) 부산지방법원 2017.01.12 2016고정2205
의료법위반
Text

Defendant

A A shall be punished by a fine of seven million won, by a fine of seven million won, by a fine of seven million won, and by a fine of two million won.

Reasons

Punishment of the crime

1. Defendant A is a doctor who operates “N” in Busan City’s annual system M.

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 notification for the purpose of sales promotion, such as adoption of drugs and inducement for prescription.

Nevertheless, the Defendant received a proposal from the business members P of the P of the Co., Ltd. (hereinafter “O”) to provide economic benefits, such as face-to-face cash, by prescribing prescription drugs, such as Q, produced and sold in the O, and made it to comply with the proposal. On June 201, the Defendant received KRW 10 million from the above P in cash from the above member’s clinic around the above member’s clinic in the same manner as indicated in the list of crimes in the attached list of crimes, and received KRW 15 million in total twice until December 201.

As a result, the Defendant received cash of KRW 15 million from O for the purpose of sales promotion, such as adoption and inducement of drugs.

2. Defendant B is a doctor to operate “S internal department” in Busan City Shipping Daegu R.

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 notification for the purpose of sales promotion, such as adoption of drugs and inducement for prescription.

Nevertheless, the Defendant received a proposal from O business P to the effect that “to provide economic benefits, such as cash, upon prescribing prescription drugs, such as Q that are produced and sold in theO,” from the O business P, and to accept it. On January 201, the Defendant received KRW 400,000 from the above P in cash from the above member’s clinic around the above member’s clinic and received KRW 40,000 from the above P in the same manner as written in the list of crimes in the attached Form.

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