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(영문) 서울서부지방법원 2015.11.06 2015고단1959

약사법위반

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who exercises overall control over policies and marketing for business of F Co., Ltd. (hereinafter referred to as “F”), including sales of drugs as a business director of F Co., Ltd. (hereinafter referred to as “F”), by obtaining marketing approval of approximately 100 drugs, such as E, as a special drug.

No person who has obtained marketing approval of a drug shall provide money, goods, benefits, labor, entertainment, or other economic benefits to a medical person for the purpose of sales promotion, such as adoption of the drug or inducement of prescription.

On January 27, 2011, the Defendant remitted KRW 3,384,500 to the account in the name of the I for the purpose of sales promotion, such as adoption and inducement of medicines, such as K, L, and M, supplied to the physician operating the H hospital in Seodaemun-gu Seoul, Seoul through the F Member J, and delivered KRW 300,000 to the national bank account in the name of I for the same purpose on May 16, 2011, as well as remitting KRW 300,000 to the national bank account in the name of I for the same purpose from September 7, 2010 to June 7, 2011, as described in the attached Table 1 of the Crimes List, to 461 doctors for the purpose of sales promotion, such as adoption and inducement of medicines sold by F, as described in the attached Table 1.

Accordingly, the Defendant provided money, goods, benefits, labor, entertainment and other economic benefits to medical personnel for the purpose of promoting the sale of medicines.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of I by the prosecution;

1. A copy of each prosecutor's statement made to the N orO;

1. Investigation report (verification of the fact that rebates is offered during the investigation of the PP's offering of rebates), details of the accounts of the National Bank in Lespodi National Bank, and details of the accounts of the International Bank in Korea;

1. Details of investigation reports (including the current status of the offering of rebates), the details of the offering of rebates (including the payment date, each individual, the Clean Rule, the Pmms rule, the book book), I, and Q rebates;

1. Investigation report (I, QF bank records), details of supply of medicines, and requests for F medicines;

1. A copy of a bankbook of the suspect I for the investigation report and the medicine of F.