beta
(영문) 서울중앙지방법원 2015.02.05 2013고정1012

약사법위반

Text

Defendant

A shall be punished by a fine of KRW 10 million, and Defendant B shall be punished by a fine of KRW 7 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a pharmacist who opens and operates a “E-pharmacy” in 104 of the D Building 104 in Sungnam-si, Sungnam-si.

No pharmacist or herb pharmacist shall receive economic benefits, etc. provided by a person who has obtained marketing approval of drugs, importer, or drug wholesaler for the purpose of sales promotion, such as adoption of drugs.

Nevertheless, around 2006, the Defendant agreed to receive the cash or over-the-counter drugs equivalent to approximately 4.2% of the transaction amount as a settlement fee or a discount in return for the purchase of special medicines handled by the business G of F Co., Ltd. and F Co., Ltd. from F Co., Ltd., and the Defendant purchased from F Co., Ltd. the equivalent of KRW 465,878,659 in total amount of special medicines, such as H, from January 201 to November 201, and received from F Co., Ltd., the amount of KRW 16,32,349 in return for the purchase of special medicines handled by F Co., Ltd.

2. Defendant B is a pharmacist who establishes and operates a “JJ pharmacy” in Goyang-dong, Youngdong-gu I.

No pharmacist or herb pharmacist shall receive economic benefits, etc. provided by a person who has obtained marketing approval of drugs, importer, or drug wholesaler for the purpose of sales promotion, such as adoption of drugs.

Nevertheless, around July 2010, the Defendant agreed to receive the cash or over-the-counter drugs equivalent to approximately 4.2% of the transaction amount under the pretext of settlement expenses or discount in return for the purchase of prescription drugs handled by K employees of F Co., Ltd. and F Co., Ltd., and the Defendant’s application for changes in the indictment of L from January 201 to November 201 is written as “H” but the application for changes in the indictment is deemed as a clerical error of “L” and thus corrected as above.

As a result, the total amount of 403,359,872 won was purchased from F Co., Ltd., and the total amount of KRW 100,000 per month was provided in cash.

Summary of Evidence

1. Some prosecutions against Defendant A.