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(영문) 창원지방법원 진주지원 2018.06.27 2018고단228
의료기기법위반
Text

Defendants are not guilty

Reasons

Public Prosecutor's Office

1. Defendant A and B Co., Ltd. are corporations established for the purpose of selling medical appliances and sponsing medical appliances; Defendant B is the managing director belonging to the business division of the said corporation; and Defendant A is the vice head belonging to the business division of the said corporation.

No manufacturer of a medical device shall provide any economic benefit to a medical person, founder of a medical institution, or an employee of a medical institution with intent to promote sales, such as inducing the adoption or use of a medical device

Nevertheless, Defendant A, with Defendant B’s approval on March 18, 2016, sold in the E Hospital located in Sacheon-si, Sacheon-si, Sacheon-si, to the above hospital, which was a medical technician of KRW 1.1 billion, with the sales of KRW 1.1 billion, Defendant A provided the net F, who was the head of the hospital at the time, with funds of KRW 600 million. The same year is applicable.

4. Around 29.20.0 billion won was deposited from the corporate account of the Corporation C to the account in the name of “F (E)”.

Accordingly, the Defendants conspired to offer economic benefits to medical personnel for the purpose of facilitating sales.

2. Defendant C, a Defendant, committed a violation as described in the preceding paragraph with respect to the Defendant’s business.

Maz.

1. Whether the loan is made;

A. If a medical institution employee claims that he/she actually borrows money from a medical device distributor, not from the person who received the money in return for the money, whether or not he/she actually borrows the money is the motive, reason for delivery, and method of receiving the money, the relationship between both parties, the position and work and career of both parties, the possibility of borrowing money from any person other than the distributor of the medical device, the amount and place of borrowing, the economic situation of the distributor of the medical device, the amount and place of borrowing, the amount of borrowing, the amount of borrowing money, the amount of financing, the amount of payment and place of payment, the existence of the terms of payment and interest agreement, the principal and interest of the employees of the medical

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