beta
(영문) 광주지방법원 2017.12.08 2017고단3618

약사법위반

Text

Defendant

A shall be punished by imprisonment for four months, by a fine of three thousand won,00,000 won, respectively.

Defendant

B above.

Reasons

Punishment of the crime

Defendant

A is the representative director of the corporation located in the Dong-gu Gwangju Metropolitan City H, and the defendant B is the managing director of the corporation C, and the defendant C is the company established for the purpose of drug wholesale business.

1. The Defendants jointly committed the crimes of Defendants A and B committed the following acts: (a) deliver prescription drugs to K that operates the “J pharmacy” in Gwangju Dong-gu, Gwangju; and (b) in return, deliver cash equivalent to approximately 1.75% of the pharmaceutical price to K.

A drug supplier shall not provide money, goods, benefits, labor, entertainment, or other economic benefits to founders of medical institutions that are pharmacists or herb pharmacists, or persons working for medical institutions for the purpose of promoting sales, such as inducement of prescriptions for adoption of drugs and maintenance of transactions, or shall not have founders of medical institutions that are pharmacists or persons working for medical institutions acquire economic benefits, etc. from pharmacies or medical institutions.

Nevertheless, on February 22, 2012, the Defendants paid K totaling KRW 15,05,00,000 in return for the adoption of drugs from the date of the foregoing J pharmacy, including the payment of KRW 4,20,000 in cash to the said K in return for the provision of prescription drugs.

As a result, the Defendants conspired to offer money to K for the purpose of adopting medicines.

2. The Defendant Co., Ltd. committed the same offense as paragraph 1 in relation to the Defendant’s business at the time and place of the Defendant’s representative director A and B.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made to K in the police statement;

1. C (States) The application of Acts and subordinate statutes to the settlement of transaction prices and the total sum of rebates, and copies of pocketbooks;

1. Article 94-2 of the former Pharmaceutical Affairs Act (amended by Act No. 14328, Dec. 2, 2016); comprehensively, Defendant A and B with respect to criminal facts and the choice of punishment.