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(영문) 서울서부지방법원 2016.11.29 2016고정798
의료법위반
Text

Defendant

A A Fines 3,00,000 won, Defendant B’s fine of KRW 7,00,000,000, Defendant C’s fine of KRW 2,50,000, and Defendant D.

Reasons

Punishment of the crime

1. Defendant A is a doctor to operate the “R-type Foreign Affairs” located in Q Q in Chungcheongnam-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 report, for the purpose of sales promotion, such as adoption of drugs and inducement

Nevertheless, the Defendant received a proposal from S Co., Ltd. (hereinafter “S”)’s business employees to provide economic benefits, such as cash, upon prescribing prescription drugs, such as U.S. produced and sold in S.). On February 201, the Defendant received 590,000 won in cash from the above T in the same manner as indicated in the list of crimes, including the receipt of KRW 590,00 from the above T in the above member’s clinic around February 201, and received a total of 22 times until January 2013.

Accordingly, the Defendant received 4,280,000 won in cash provided for the purpose of sales promotion, such as adoption and inducement of drugs from S.

2. Defendant B is a doctor to operate the “in-B” grouping “in-B” grouping in Chungcheong City.

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 received a proposal from S business employees to offer economic benefits, such as cash, upon prescribing special prescription drugs, such as U.S. produced and sold in S, and received such a proposal. On March 2014, the Defendant received KRW 5 million in cash from the above members’ clinic around the same manner as indicated in the list of crimes in the attached list.

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