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(영문) 대구지방법원 포항지원 2017.10.11 2017고정103
의료법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is an intention to operate a “D Council member” in the Gyeonggi-gu Seoul metropolitan group.

In spite of the fact that medical personnel are not provided with money, etc. for the purpose of promoting sales such as adoption of drugs and inducement of prescription from a person who has obtained marketing approval of drugs, they received a proposal from E business employees, etc. to provide cash on the basis of prescribing E drugs.

On June 2014, the Defendant received KRW 1,650,00,00 from the first floor medical room of the above D members, from the E business employees F, for the provision of drugs manufactured by E to the E business employees F, from that time, the Defendant provided KRW 1,165,00,00 for the purpose of sales promotion, such as inducement of prescription, etc. over 11 occasions, as shown in the list of crimes in attached crimes, from that time to November 2015.

Summary of Evidence

1. The defendant's legal statement (as at the sixth public trial date);

1. A protocol concerning the examination of each police officer in relation to G;

1. The respective legal statements of F and G;

1. Each police statement made with respect to F and H;

1. (State) Each copy of data concerning the overall list of the payment of rebates C, the list of individual source rebates payment standards (2014), the current status of individual source rebates payment (from April 7, 2014 to November), the current status of the payment of rebates by individual source (from August 2014 to the general hospital (2014), the current status of the payment of rebates by general hospitals (from April 2014 to December), the current status of the payment of rebates by general hospitals (from April 12, 2014), the results of the monthly remittance plan, the data submitted by the informant E-inspection room, the standards for the payment of individual hospitals (266 hospital), the standards for the payment of rebates by individual source, and the standards for the payment of rebates in the I Company’s business plan;

1. F’s business hospital; list of monthly rebates offered from April 201 to November 201; F’s cash withdrawal; F’s cash withdrawal by store; F’s new and foreign exchange; but transaction details;

1. Application of Acts and subordinate statutes on response results from digital evidence analysis;

1. Article 88-2 and Article 23-2(1) of the former Medical Service Act (amended by Act No. 14438, Dec. 20, 2016; hereinafter the same) on criminal facts and Article 88-2 and Article 23-2(1) of the same Act, the selection of fines (the Defendant’s contribution of the amount of benefits from the instant crime).

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