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(영문) 서울서부지방법원 2016.09.29 2016고단1163
의료법위반
Text

Defendant shall be punished by a fine of KRW 30,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a doctor who operates a department A located in Dongdaemun-gu Seoul Metropolitan Government D.

No medical person, founder of a medical institution, or 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 of a drug or a person who has filed a product notification for the purpose of sales promotion, such as adoption of a drug or inducement for prescription

Nevertheless, the Defendant received a proposal from F, who is a pharmaceutical company (State) member, to provide economic benefits, such as cash, upon prescribing E, from F, and to comply with it. On June 201, the Defendant received cash amounting to KRW 9,000,000, which was provided from F, for the purpose of promoting the sale of drugs from the above F, from the above F, around 20 times to April 201, and received cash amounting to KRW 73,00,000, in total from around 20 times, as indicated in the list of crimes in the attached list of crimes.

As a result, the Defendant received money equivalent to KRW 73,00,000 from E for the purpose of sales promotion such as inducing to adopt medicines.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect against some of the accused by the prosecution (two times);

1. A protocol concerning the examination of suspect with respect to F by the prosecution (three times);

1. A statement of F (Simplified common, evidence list 11);

1. Each protocol of seizure and the list of seizure;

1. The details of rebates paid to each business member in the Bank of Bankruptcy E;

1. Application of Acts and subordinate statutes of the investigative report (Evidence No. 37,45)

1. Relevant legal provisions of the Act and the first sentence of Article 88-2 and the first sentence of Article 23-2 (1) of the Medical Service Act for the selection of criminal facts and the selection of fines;

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

1. The latter part of Article 88-2 of the Medical Service Act;

1. The customary practices of rebates, which are limited to the reasons for the sentencing of Article 334(1) of the Criminal Procedure Act, are likely to depend on whether or not the choice of a drug would be determined and determined depending on whether or not the choice of a drug would be offered rebates rather than the treatment synthetics for the patient.

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