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(영문) 서울중앙지방법원 2015.09.03 2015고단673
의료법위반
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

The defendant is an intention to operate ‘D Council member' in Overcheon-si C, 402 to 403.

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 inducing the adoption of

Nevertheless, the Defendant received a proposal from E business operators F to offer economic benefits, such as cash, etc., by prescribing a private drug.

On January 18, 201, the Defendant received the economic benefits equivalent to KRW 3,059,200 in cash, which was provided from F for the purpose of promoting the sale of medicines from F at the above D Council members.

As a result, the Defendant received economic benefits from E for the purpose of sales promotion, such as inducing the adoption of drugs.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Examination protocol of the accused by prosecution;

1. Each prosecutor's statement concerning G, H, I, J, K, F, and L;

1. Application of Acts and subordinate statutes to each investigation report (the analysis of data by the Fair Trade Commission, a reporter of the Fair Trade Commission, a copy of the statement of informants, etc., the report on the results of confirmation by an agency, such as E-related translation and advertising agency, advertisement, translation, and three web-sites of the agency, and the analysis of three financial accounts in E and E wartime);

1. Relevant Articles 88-2 and 23-2 (1) of the Medical Service Act and the selection of fines for criminal facts;

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

1. The nature of the crime is that the rebates practices existing in the reasoning of sentencing of Article 88-2 of the Medical Service Act not only infringe on the sound distribution order of drugs, but also may cause qualitative decline in medical services and harm to the public health by affecting the choice of drugs.

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