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(영문) 대전지방법원 2017.01.19 2016고단1395
의료법위반
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

The Defendant is an intention to operate the “E Council member” in the Gu during the war.

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 G such as the “F of Pakistan Co., Ltd., a pharmaceutical company, to provide economic benefits, such as cash, etc. by prescribing prescription drugs, such as pentllll, etc., produced and sold in Pakistan.” On October 201, the Defendant received a delivery of KRW 15,000,000 in cash from the above F and G at the above clinic clinic around the above clinic around 201, and received economic benefits equivalent to KRW 60,000 in total five times until March 2014, such as the list of crimes in attached Form.

As a result, the Defendant received 60 million won, which was provided for the purpose of sales promotion such as adoption and inducement of medicine from the malking corporation.

Summary of Evidence

1. Statement by the defendant on the fifth public trial date;

1. Each legal statement of witness F and G;

1. A protocol concerning the examination of a suspect by the prosecution against H, I, J, or K;

1. A protocol concerning the examination of a suspect of the police against L, M, N, orO;

1. Statement made by the police on P;

1. A written statement and a list of rebates;

1. Each investigation report (Nos. 9, 10, 18, 20, 22, and 24);

1. Presting medicines for Ethical palking;

1. Sheet X-cell files for rebates;

1. Arrangement of the details of prescription and rebates;

1. Details of financial transaction account transactions;

1. Application of Acts and subordinate statutes, such as comparison of the details of prescription and payment of rebates by person;

1. Relevant provisions of the Act and the main sentence of Article 88-2 and Article 23-2 (1) of the Medical Service Act (generally, selection of fines) concerning criminal facts;

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

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