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(영문) 서울서부지방법원 2015.09.24 2014고단3364
의료법위반
Text

Defendant

A A A with a fine of KRW 10 million, Defendant B with a fine of KRW 7 million, Defendant C with a fine of KRW 5 million.

Reasons

Punishment of the crime

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

1. Defendant A is a doctor to operate “T Councilor” on the Yeongdeungpo-gu Busan Metropolitan City S and the second floor.

The Defendant, upon receiving a proposal from U business employees V, proposed that “to provide economic benefits, such as cash, if he prescribes his own medicine,” and to comply with the proposal.

The Defendant received economic benefits equivalent to KRW 20,000,000, which was provided from Twon for the purpose of promoting sales of drugs around March 201.

As a result, the Defendant received economic benefits from U to promote sales, such as adoption and inducement of drugs.

2. Defendant B is a doctor to operate “in-house Council Members” in W and Second Floor in Daegu Metropolitan City-gu.

The Defendant received a proposal from U business X to “to provide economic benefits, such as cash, etc., upon prescribing a private drug.” The Defendant was to comply with the proposal.

The Defendant received cash of KRW 5,00,000,000, which was provided from A to X for the purpose of promoting the sales of medicines from A around October 201, as shown in attached Table 1, from around that time to July 2012, the Defendant received economic benefits of KRW 15,000,000 in cash, from around that time to around July 2012.

As a result, the Defendant received economic benefits from U to promote sales, such as adoption and inducement of drugs.

3. Defendant C is an intention to operate the “Zwon” in the Southern-gu, Incheon Metropolitan City Y and the second floor.

The defendant means that "The defendant will provide economic benefits, such as cash, if he prescribes his own medicine from AA."

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