非法取得、販賣及移植臍帶血──以違反再生醫療法等罪名判處徒刑【寰宇醫事裁判】 試閱
Who Illegal Obtains, Illegal Seals and Illegal Transplants Cord Blood, Would Be Sentenced to Punishments Because of Crimes According to Regenerative Medicine Act
本案被告為分別負責臍帶血儲存與銷售之甲、乙公司的實質經營者,其對被害人謊稱臍帶血將用於研究目的而無償取得被害人等之臍帶血,涉嫌詐欺罪;復與診所管理者共謀以靜脈注射方式進行臍帶血移植,卻未依法向厚生勞動省提交「第一種再生醫療」計畫,涉嫌違反再生醫療法;最後,即便公司所有之臍帶血已遭機關查扣,卻仍與臍帶血批發業者共謀將之轉讓,涉嫌業務侵占罪。法院於本案判處被告2年4個月有期徒刑,緩刑3年。
The accused in this case were operators of the company A which took the storage of cord blood in charge and of the company B which was responsible for the selling of cord blood. They who were suspected of being involved fraud lied to the victims that their cord blood would be used for the academic propose to get it for free. Then they in collusion with an operator of a clinic transplanted cord blood by giving intravenous injections. However, the project of the first sort of regenerative medicine didn’t handed to Ministry of Health, Labor and Welfare in Japan according to norms, so it was suspected of being against Regenerative Medicine Act. Finally, the companies were suspected of being involved conversion in business aspect because they in collusion with an operator of wholesaler transferred cord blood, even though the cord blood which was occupied by the companies A and B were seized by the administrative agent. The Accused were therefore sentenced to imprisonment for two years and four months with a suspension for three years.
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