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The judgment of the court below is reversed.
Defendants are not guilty. The summary of the judgment on Defendant B is publicly notified.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, at around January 2012, held a briefing session on the AT-related product, a new product of G, for eight doctors in the Net E (hereinafter “E”), and attempted to substitute meals, but was unable to participate in the meal for the food reason, thereby providing the doctor F with a right to exchange meals equivalent to KRW 800,000,00,00, instead of being allowed to attend the meeting.
The former Enforcement Rule of the Pharmaceutical Affairs Act (amended by Ordinance of the Ministry of Health and Welfare No. 86 on December 2, 2011)
B. Article 4(4)2 of the former Enforcement Rule of the Pharmaceutical Affairs Act (hereinafter referred to as the “Enforcement Rule of the Pharmaceutical Affairs Act”) provides one doctor with food beverages not exceeding KRW 100,000 per time at a product presentation meeting.
Therefore, even though the defendant's act is legitimate, the defendant provided a meal exchange right without holding a product presentation meeting.
In light of the facts charged against the defendant, the court below found the defendant guilty has erred by misunderstanding of facts and misunderstanding of legal principles.
B. As stated in the facts charged, Defendant B did not provide F with cash of KRW 500,000,000 in around January 201, 201.
Although the court below found the defendant guilty of the facts charged, the court below erred by mistake of facts.
(c)
Defendant
C As stated in the facts charged, the Defendant did not provide F with KRW 9 million in cash from E to F on November 201.
Although the court below found the defendant guilty of the facts charged, the court below erred by mistake of facts.
2. No person who has obtained marketing approval of drugs in the summary of the facts charged shall provide money, goods, benefits, labor, entertainment, or other economic benefits to a medical person, founder of a medical institution, or employees of a medical institution with the intention of sales promotion, such as adoption of drugs or inducement of prescription;
A. Defendant C as a member of the business of Company D, and at around November 201, at the diagnosis room of physician F in E and the first floor, supply the above hospital doctors to Company D.