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(영문) 광주지방법원 목포지원 2017.02.16 2016고단1439
의료법위반
Text

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

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

1. Defendant A is an intention to operate a “F Council member” in South Korea from November 1, 2001 to operate the “F Council member” in South Korea.

No medical personnel, founder of a medical institution, nor person working for a medical institution shall receive money, goods, benefits, labor, entertainment, or other economic benefits provided for the promotion of sales, such as adoption of drugs, inducement of prescription, etc. from a person who has obtained permission for items of drugs.

Nevertheless, the Defendant, from April 201 to November 2012, 201, received from G, a member of the instant hospital treatment room, to prescribe and produce medicines manufactured and produced in the instant period, such as “Ssin new,” from G, which is a member of the instant hospital treatment room, and received from G, the Defendant received the economic benefits of KRW 2 million in cash as of June 201, and KRW 1 million in cash as of November 201, and KRW 3 million in cash as of November 201.

As a result, the Defendant received economic benefits, such as money and goods, etc. provided for the purpose of sales promotion by adopting medicines manufactured and produced in the above-mentioned limitation from the open-end limitation and inducing prescription.

2. Defendant B is a doctor who had been operating “I” at Pyeong-gun H from January 2010 to October 2014.

No medical personnel, founder of a medical institution, nor person working for a medical institution shall receive money, goods, benefits, labor, entertainment, or other economic benefits provided for the promotion of sales, such as adoption of drugs, inducement of prescription, etc. from a person who has obtained permission for items of drugs.

Nevertheless, at the hospital clinic around June 201, the Defendant received a prescription request from G, a member of the relevant hospital clinic, for drugs manufactured and produced in accordance with the governing limitation of the plan for the establishment of a partnership, such as “edutan,” from G, and received a total of KRW 1.5 million in cash from the said G, and received a total of KRW 3 million in cash from the first patrol officer of the same month and KRW 1.5 million in cash from the same month.

In this regard, the defendant is in the territorial limitation from the common limitation of the Institute of Bankruptcy to grant marketing approval for drugs.

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