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Text
Defendant
A shall be punished by imprisonment with prison labor for four months, by imprisonment for five months, and by imprisonment for six months.
(b).
Reasons
Punishment of the crime
Defendant
A is a business employee of G Co., Ltd. established for the purpose of manufacturing and selling medicines. Defendant B is a business employee of H Co., Ltd. established for the purpose of manufacturing and selling medicines. Defendant C is a business employee of I Co., Ltd. established for the purpose of manufacturing and selling medicines. The J is the president of the L Hospital located in Sincheon-si.
1. A person who has obtained marketing approval of drugs for Defendant A, an importer, or a wholesaler shall not provide money, goods, benefits, labor, entertainment, or other economic benefits to a medical person, a person who has established a medical institution, or a pharmacy, etc. for the purpose of sales promotion of drugs;
Nevertheless, around February 18, 2009, the Defendant requested the president of L Hospital operated by the doctor's department in Macheon-si to increase the prescriptions of medicines, such as M sold by G Co., Ltd. from the above J, and in return, remitted KRW 15 million to the national bank account in the name of the above J on February 18, 2009, KRW 15 million to the national bank account in the name of the above J on February 23, 2009, KRW 10 million to the national bank account in the name of the above J on February 25, 2009, KRW 10 million to the national bank account in the name of the above J on February 25, 2009, and KRW 10 million to the national bank account in the name of the above J on April 10, 2009, respectively.
Accordingly, the Defendant provided the said J with a total of KRW 50,000,000 on four occasions for the purpose of promoting the sale of medicines.
2. No person who has obtained marketing approval of drugs for Defendant B, importer, or wholesaler shall provide money, goods, benefits, labor, entertainment, or other economic benefits to medical personnel, medical institution founders, or founders of pharmacies, etc. for the purpose of sales promotion of drugs;
On December 3, 2009, the Defendant requested the above J to increase the prescriptions of medicine, such as N,O, etc. sold to H Co., Ltd. at the L Hospital president room operated by the doctor's department in Macheon-si, Macheon-si, the Defendant requested the above J to increase the prescriptions of medicine, and as a result, on December 3, 2009, KRW 20,000,000, and on January 21, 2010, a national bank under the name of the above J.