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(영문) 광주지방법원 2017.12.22 2017고정696
의료법위반
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Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a doctor who served in the “F Hospital” located in Gwangju Mine-gu E from March 1999.

No medical person, founder of a medical institution, nor person working for a medical institution shall receive, or cause a medical institution to receive, money, goods, benefits, labor, entertainment, or other economic benefits provided from a supplier of drugs for the purpose of sales promotion, such as adoption of drugs, inducement of prescription, maintenance of transactions, etc.

On January 27, 2016, the Defendant received KRW 11,00,000,000 from H operating the F Hospital Medical Treatment Center, under the pretext of adoption of drugs and maintenance of transaction. On June 27, 2016, the Defendant received KRW 10,000,000 from H for the purpose of sales promotion, and received money from the pharmaceutical supplier for KRW 21,00,000,000,00 from H for the said reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Entry of a copy of each protocol concerning the examination of suspect of the police assigned to H 5 and 8 times;

1. Statement made to I in the police statement protocol;

1. Application of each of the Acts and subordinate statutes in the corresponding three copies of the investigation report (Evidence Record 1438 pages), the statement of cash withdrawal from the G Corporation account, and H's multiple copies;

1. Article 88-2 and Article 23-2(1) of the former Medical Service Act (Amended by Act No. 14438, Dec. 20, 2016; Act No. 14438, Dec. 20, 201); the selection of fines, etc. for criminal facts;

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

1. Article 88-2 of the former Medical Service Act (Amended by Act No. 14438, Dec. 20, 2016);

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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