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(영문) 대전지방법원 2013.05.03 2012고정1968
약사법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant, as a pharmacist from 2002, operated the CEC pharmacy from 2002.

On February 2, 2011, the Defendant received 250,000 won from D members of a limited partnership company, a drug wholesaler, for the purpose of promoting sales, such as adoption of drugs, even though he/she knew that the above pharmacy was provided for the purpose of promoting sales, such as adoption of drugs.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statements of witnesses D and E in the second protocol of the trial;

1. Each prosecutor's statement concerning E and D;

1. Defendant’s assertion and determination of an investigation report (a report accompanied by a statement of payment of rebates by each employee)

1. The Defendant asserts that the Defendant did not receive rebates from the side of sexual medicine after the pharmacist who received the rebates was punished.

2. Determination

A. According to the evidence duly adopted and examined by this Court, including the above evidence, the following facts can be acknowledged:

(1) E, who is a member of sexual medicine business, was the actual operator of DNA and secondary medicine, and began to be recognized among the police when denying the offering of rebates at the initial police station.

(2) E is investigated by the prosecution, and prepared and submitted a detailed statement of the payment of rebates by employee for each business (the investigation record 2: 140-163 pages). The document stated that, from October 201 to December 2010, based on the “C pharmacy sales” in the Defendant’s operation, etc., the amount of KRW 250,000 to January 15, 201, based on the “C pharmacy sales” from January 15, 2011 to March 15, 2011, the said “C pharmacy sales” was paid to D respectively (the investigation record 2: 159 pages), and the time when D pays rebates to D pharmacists for the purpose of offering rebates to them is 1,4,7,100 each year (the investigation record 159 pages).

(2), 129 pages. (3) E shall be the defendant on July 7, 201 and October 201, 201.

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