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(영문) 서울서부지방법원 2016.02.18 2014고단3361
의료법위반
Text

1. Defendant A shall be punished by a fine of KRW 10 million.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A is a doctor who operates a “Sing Council member” in Gangnam-gu Seoul Metropolitan Government R.

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 a product license under Article 31 of the Pharmaceutical Affairs Act, or a person who has filed a product notification for the purpose of sales promotion, such as adoption of drugs and inducement for prescription.

Nevertheless, the defendant will provide the economic benefits such as cash by prescribing the "self-drugs" from the U.S. of T business employees.

“On receipt of a proposal to that effect, it shall be complied with.”

In addition, the Defendant received 10,000,000 won in cash provided by S Assembly members for the purpose of promoting the sales of drugs from U around January 201 and received the economic benefits of KRW 21,00,000 in cash from around three times from around the above day to May 2011 as stated in the attached Table 1.

As a result, the Defendant received economic benefits from T for the purpose of promoting sales, such as adoption and inducement of drugs.

2. Defendant B is an intention to operate the Defendant’s building V in Kimpo-si, and “intestate” in W, 302.

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 a product license under Article 31 of the Pharmaceutical Affairs Act, or a person who has filed a product notification for the purpose of sales promotion, such as adoption of drugs and inducement for prescription.

Nevertheless, the Defendant provided economic benefits, such as cash, etc., by prescribing the “self-pharmaceutical drugs” from T business X.

“On receipt of a proposal to that effect, it shall be complied with.”

In addition, around May 201, the Defendant received economic benefits equivalent to KRW 20,000,000 in cash, which was provided from W to X for the purpose of promoting the sales of drugs.

Accordingly, the defendant is a drug from T.

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