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(영문) 부산지방법원 동부지원 2018.10.16 2018고합113
의료기기법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 16, 2017, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution on June 24, 2017 at the Busan District Court, as the representative director of G Co., Ltd. (hereinafter “G”) who produces and sells rehabilitation assistive devices, which are medical devices, after completing the permission for manufacturing and marketing of medical devices, on the first floor of the Busan Dong-gu F building, and the said judgment became final and conclusive on June 24, 2017.

No one shall make an illegal solicitation and provide property or property benefits with respect to his/her duties to a person who carries out another person's business, and no manufacturer or dealer of a medical device shall provide money, goods, labor, entertainment, or other economic benefits to a medical person, nor to a person who has established a medical institution, or any employee of a medical institution with intent to promote sales, such as inducing the adoption or use of a medical device

Nevertheless, the Defendant, within the ISO hospital located in the Busan Suwon-gu, around August 2009, made an illegal solicitation that “The Defendant will make a 30% price for the sales of medical devices manufactured and sold in the G so that patients can purchase by prescribing them to hospital patients, etc.” The Defendant, from January 1, 201 to January 31, 201, indicated that the patients from G from around 000 to around 300,000 won for the purpose of maintaining the sale of medical devices, such as TSO (Thoco-L-Lumbo -Scalthis, vertthos, spine surgery, etc., but, from around 00 to around 30,00,000 won for the purpose of facilitating the sale of medical devices, 30,000 won for the purpose of adopting the attached Table 130,000 won for the purpose of 20,000 won for the purpose of 300,000 won for each of the following 2.

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