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(영문) 광주지방법원 목포지원 2017.01.24 2016고단1438
의료법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 “C Council member” in the former newanan-gun B from January 2, 2009.

No medical personnel, founder of a medical institution, nor person working for a medical institution shall receive money, goods, benefits, labor, entertainment, or other economic benefits provided for the promotion of sales, such as adoption of drugs, inducement of prescription, etc. from a person who has obtained permission for items of drugs.

Nevertheless, from January 7, 2012 to November 2014, the Defendant received a prescription request for drugs manufactured and produced from D, a member of the instant hospital’s medical center, such as “edutan,” from D, a member of the instant hospital, for which he/she received KRW 500,000 in cash from the said D from January 201 to June 201 of the same year. The Defendant received KRW 2,791,670 in the goods purchased from February 7, 2012 to January 15, 2014 as indicated in the list of crimes, and received a total of KRW 10,000 in cash from October 11, 2013 to October 30 of the same month, and received a total of KRW 100,000 in cash from July 28, 2014 to January 15, 2015.

As a result, the Defendant received economic benefits, such as money and goods, etc. provided for the purpose of sales promotion by adopting medicines manufactured and produced in the above-mentioned limitation from the open-end limitation and inducing prescription.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the suspect examination protocol of the police to D;

1. Article 88-2 of the former Medical Service Act and Article 23-2 (1) of the former Medical Service Act (amended by Act No. 14438, Dec. 20, 2016; hereinafter “former Medical Service Act”) on the basis of the relevant criminal facts and the selection of punishment (comprehensive selection of fines)

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

1. The latter part of Article 88-2 of the previous Medical Service Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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