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(영문) 서울서부지방법원 2016.08.12 2015고단1772

약사법위반

Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for ten months

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Personal Relationship] Defendant A is a company that manufactures and sells drugs with the marketing approval of drugs from March 2010 to February 14, 2014. Defendant A is a company managing and supervising the overall business related to the business, including the allocation and execution of budget for the business activities of each branch of a nationwide pharmaceutical company, personnel rights, etc.

Defendant

B has been working as the president of Eunpyeong-gu Seoul Metropolitan Government L Building 7th floor from around 1973 to the present.

Defendant

C From around 2001 to the date, from "O hospital" located in the N in Bupyeong-gu Incheon Metropolitan City, it has served as a static surgery.

[Criminal facts]

1. No person who has obtained product licenses of Defendant A, and no drug wholesaler shall provide money, articles, labor, entertainment, or other economic benefits to a pharmacist, herb pharmacist, medical person, founder of a medical institution (including the representative or director of a corporation, or any other person engaged therein), or an employee of a medical institution for the purpose of sales promotion, such as inducement of adoption of drugs and of prescription;

Nevertheless, the Defendant: (a) around February 14, 201, at Q Women’s Hospital located in Suwon-si P on February 14, 201, ordered R, the head of the above hospital, to deliver KRW 59,000 SK gift certificates 59,2950,000 in return for the prescription of antibiotics T, etc., which are drugs, to the head of the above hospital; and (b) from January 6, 2011 to January 6, 2014, 50 business teams of 12 pharmaceutical business teams nationwide, from January 201 to July 2014, 201, the Defendant provided 120 business teams, such as U, etc., with the economic benefits of KRW 1,672 times through 1,6728,145,814 in return for the provision of meals, gift certificates, cash payment, etc.

2. A founder of a medical institution (including the representative, director, or any other employee of a corporation) or a person working for a medical institution shall be provided with the aim of promoting sales by inducing the adoption and prescription of drugs from pharmaceutical companies or drug wholesalers.