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(영문) 인천지방법원 2012.09.07 2011고정3719
의료법위반
Text

The defendant shall be innocent.

Reasons

1. In the facts charged, the Defendant is a doctor who operates an E Hospital on the fifth floor of the D Building in the period of harmony.

No medical person, founder of a medical institution, nor person working for a medical institution shall receive money, goods, benefits, labor, or other economic benefits (hereinafter referred to as "economic benefits, etc.") provided by a person who has obtained marketing approval of a drug, a person who has reported marketing approval, or a person who has reported marketing approval, an importer of a drug, or a drug wholesaler for the purpose of sales promotion,

Nevertheless, around December 8, 2010, the Defendant received a cash of KRW 600,000 and KRW 400,000,000 in cash and merchandise coupons for the purpose of sales promotion, such as inducing the prescription of drugs handled by the (ju)F from G operating a wholesale company of drugs at the above E Hospital, and received economic benefits equivalent to KRW 8,100,000 in total, five times in total, as shown in the list of crimes in the attached crimes.

2. According to the evidence submitted by the judgment prosecutor, G is recognized that G prepared a statement of rebates with respect to rebates offered to the Defendant by G, as follows:

The economic profits that were offered by the sequence 1 on December 8, 2010, KRW 760,000 in cash 760,000/ Homepller gift certificates 530,000 in cash 20,000 on January 10, 201, KRW 35,000 in cash 945,000/ Homepller gift certificates 55,000 in cash and Homepller gift certificates 1,890,000 on February 14, 201, KRW 40 in cash and Homepller gift certificates 1,860,000 on March 9, 201, and KRW 4 million on May 13, 2011; however, G is not in accord with the actual amount of rebates paid to the defendant on May 13, 201, and thus, “the actual amount of rebates paid to the defendant is not in accord with the actual amount of rebates paid.”

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