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(영문) 서울남부지방법원 2012.11.21 2012고단3591 (1)
의료법위반
Text

Defendant shall be punished by a fine of KRW 13,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From July 2003, the Defendant is a doctor who opened and operates the Nam-gu D Council at Port. Medical personnel, founder of a medical institution, and employees of a medical institution shall not receive money, goods, benefits, labor, entertainment, and other economic benefits provided from a person who has obtained permission for items of drugs for the purpose of sales promotion, such as adoption and inducement of drugs. Nevertheless, around December 2010, the Defendant received a prescription deposit of drugs manufactured and produced from F, who is an employee of the business of the E-V bank in the above E-V office, such as “G,” which is a government-managed medication, and received KRW 12 million from the above E-V on December 8, 2010 to the national bank account in the name of the Defendant’s wife, and transferred KRW 3.6 million to the above account on May 30, 201.

As a result, the defendant received money from the E-Coordination, which is provided for the purpose of sales promotion, such as adoption and inducement of drugs manufactured and produced in the above E-Class.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each interrogation protocol of the prosecution against K, L, or M;

1. A statement prepared by the F;

1. Details of transactions in the passbook in the I name;

1. Application of Acts and subordinate statutes to investigative reports (report on the contents of telephone conversations for reference);

1. Selection of a fine, under Articles 88-2 and 23-2 of the Medical Service Act, for a crime;

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

1. The punishment shall be determined and sentenced as ordered in light of all the sentencing conditions shown in the records and arguments, including the fact that the defendant reflects his mistake, the total amount of money received by the defendant is collected, and the defendant seems to be subject to administrative disposition such as suspension of license for a certain period, in addition to the criminal punishment of this case.

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