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(영문) 부산지방법원 동부지원 2017.05.24 2017고정156
의료법위반
Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a doctor operating the "C Council member" in Busan-gu B, and even though the medical person did not receive money, etc. provided from the person who obtained permission for items of the drug for the purpose of promoting sales such as adoption of the drug and inducement of prescription, the medical person received a proposal from D business operators, etc. to provide cash on his/her face by prescribing D drugs.

On December 2, 2015, the Defendant received five million won in return for prescribing the drugs manufactured D from D E, and received five million won in return for the provision of the drugs manufactured by D from D E for the purpose of sales promotion, such as inducing prescription.

Summary of Evidence

1. Statement by the defendant in court;

1. The witness E’s legal statement (this part of the crime is acknowledged in full view of the facts acknowledged by the evidence duly adopted and investigated by this court, and the following circumstances.

In other words, the Defendant made a statement to the effect that “the fact that he received money to the extent of 1 and 2 times” is “the fact that he received money.”

② The crime in this part is the most adjacent to the time of investigation, and accordingly, the E’s memory or statement is relatively clear.

Application of Statutes

1. Relevant provisions of the Act and the main sentence of Article 88-2 of the Medical Service Act and Article 23-2 (1) of the Act on the Selection of Punishment for Criminal Facts (Optional to a punishment);

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

1. The proviso to Article 88-2 of the Medical Service Act;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of the facts charged is a doctor operating the “C Council member” in Busan Metropolitan City’s annual system B. While a medical person is not provided money, etc. from a person who obtained permission for items of drugs for the purpose of promoting sales such as adoption of drugs and inducement of prescription, the medical person received a proposal from D business operators, etc. to provide cash when prescribing D drugs.

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