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(영문) 광주지방법원 2016.10.20 2016고정1085
의료법위반
Text

The defendant shall be punished by a fine of KRW 2,000,000 (per million), but if the above fine is not paid, KRW 100,000 (per million) shall be one day.

Reasons

Punishment of the crime

The Defendant is an intention to operate the “Ethical Research Center” located in Jeonyang-gun D.

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 report, for the purpose of sales promotion, such as adoption of drugs and inducement

Nevertheless, the Defendant was offered KRW 3,600,000 from G around July 201 and around October 2011, to the effect that “I will provide economic benefits, such as cash, if you prescribe a private drug,” from F business G, and received a total of KRW 3,60,000 from G around the above Ethical branch.

As a result, the Defendant received economic benefits from F to promote sales, such as adoption and inducement of medicine.

Summary of Evidence

1. Partial statement of the defendant;

1. Each interrogation protocol of the police accused and G against the accused and G (including the substitute part);

1. Application of the details of pharmaceutical management and the Acts and subordinate statutes governing the use of corporate cards;

1. Articles 88-2 and 23-2 of the Medical Service Act for the relevant criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition on the grounds of Article 48(1)2 and (2) of the Criminal Act or more;

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