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(영문) 서울서부지방법원 2015.09.09 2014고단3362
의료법위반
Text

1. Defendant A shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A is an intention to operate a “U Council member” in the Sung-gun T and the first floor of North Korea.

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 report, for the purpose of sales promotion, such as adoption of drugs and inducement

Nevertheless, the defendant received a proposal from V business operators W that "to provide economic benefits, such as cash, if he prescribes his own medicine," and tried to comply with it.

Accordingly, around December 20, 2010, the Defendant received 150,500 won in cash, which was provided for the purpose of promoting the sale of drugs under the name of the survey expenses, from the above W, from the above W around December 20, 2010, and received economic benefits equivalent to KRW 15,58,300 in cash, etc. over six times from the above date to February 2012.

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

2. Defendant B is a doctor who operates the Daejeon Esong-gu Ywon.

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 report, for the purpose of sales promotion, such as adoption of drugs and inducement

Nevertheless, the defendant received a proposal from V business operators AA that "to provide economic benefits, such as cash, if he prescribes his own medicine," and tried to comply with it.

Accordingly, around December 2010, the Defendant received cash of KRW 2,00,000 from the above AA for the purpose of promoting the sale of medicines.

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