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(영문) 대구지방법원 2017.09.15 2016고정1702 (1)
의료법위반
Text

Defendant

A A A shall be punished by a fine of KRW 5 million, each of whom shall be punished by a fine of KRW 3 million.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A is a doctor who works as the director of the division within the N Hospital located in the N Hospital M in the Dong-dong-dong, Chungcheongnam-si.

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 marketing approval under Article 31 of the Pharmaceutical Affairs Act or a person who has filed a report on a product for the purpose of sales promotion, such as inducement of adoption of drugs.

Nevertheless, the Defendant received a proposal from O that “to provide economic benefits, such as cash, if he prescribes and sells prescription drugs, such as pentlls, which are produced and sold in Pacifics.” On December 2010, the Defendant received KRW 300,000 from O in the above NO in the same manner and received KRW 1,40,000 from 38 times in total from May 2014, 201.

As a result, the Defendant received a total of KRW 11,40,000,00,00,000, such as cash provided for the promotion of sales such as inducing to adopt medicines.

2. Defendant B is a doctor who works as the head of the department of treatment in Q hospital located in P at the time of stay in North Korea.

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 marketing approval under Article 31 of the Pharmaceutical Affairs Act or a person who has filed a report on a product for the purpose of sales promotion, such as inducement of adoption of drugs.

Nevertheless, the Defendant received a proposal from S to the effect that “to provide economic benefits, such as cash, if he prescribes and sells prescription drugs, such as pentlls, etc., which are produced and sold in the malking,” and to comply with it. On February 201, the Defendant received KRW 200,000 from the said R in cash from the above Qa Hospital clinic.

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