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(영문) 서울서부지방법원 2017.07.06 2016고단2042
의료법위반
Text

Defendant

A A Fine of 7,00,000 won, Defendant B of 20,000,000 won, Defendant C of 7,000,000 won.

Reasons

Punishment of the crime

1. Defendant A is an intention to operate the “YA” clinic located in Ansan-gu, Ansan-si.

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 received a proposal from the Z of Pakistan Co., Ltd. (hereinafter referred to as “malking”) business employees to provide economic benefits, such as cash, etc., such as prescribing self-harm drugs.” On March 201, the Defendant received KRW 600,000,000 from the above Z for the purpose of promoting the sale of drugs from the above Z.

In addition, the Defendant received a total of KRW 1,762,00,000,00 from March 201 to May 201, 201, the sum of cash provided for the same purpose over 15 times from the above Z, as set out in the list of crimes in attached Table 1.

As a result, the Defendant received cash of KRW 17620,00 provided for the purpose of sales promotion such as adoption and inducement of drugs.

2. Defendant B is a doctor to operate the “AB medical clinic” located in the Sil interest.

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, upon receiving a proposal from the Z, proposed that “to provide economic benefits, such as cash, etc. in the face of prescribing the dead drugs,” from the Z, provided that he/she will comply with it, and then, at the above clinic around January 201, he/she is above the above clinic.

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