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(영문) 부산지방법원 동부지원 2018.01.09 2017고합199
약사법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who serves as the deputy head of the DNA Team Co., Ltd.

On October 28, 2014, the Defendant made an unlawful solicitation, such as: (a) at the Cheongdo F hotel located in Gangnam-gu Seoul Metropolitan Government, the purport of “A request for the provision of information, etc. related to the examination standards or benefits to the medicines examined in the heart level” to G, a non-standing member of the Health Insurance Rating Rating Evaluation Committee; (b) provided the above hotel marina, a entertainment room, a bath, and a meal expense amounting to KRW 205,50,00 in the name of “monthly” and provided KRW 1 million in cash from around the above day to May 20, 2016; and (c) provided the above G with property or financial benefits equivalent to KRW 25,489,450 in total, over 36 times in total, as shown in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements concerning G in the suspect examination protocol of each prosecutor's office;

1. A criminal investigation report by each prosecutor;

1. Application of statutes governing Kakao Stockholm messages between A and G;

1. Article 357(2) and Article 357(1) of the former Criminal Act (amended by Act No. 14178, May 29, 2016; hereinafter the same shall apply) applicable to the relevant criminal facts and the choice of punishment (a comprehensive selection of fines)

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. The sentencing criteria shall not apply as the case has been selected for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act.

1. Scope of punishment by law: A fine not exceeding five million won;

2. The instant crime committed by the Defendant, who is an employee of the D Team of the pharmaceutical company, offers money and entertainment equivalent to KRW 25 million to the non-permanent review committee of the Pharmaceutical Benefit Evaluation Committee for about one year and six months. As a result, the Defendant’s criminal liability is heavy in that the social trust on the fairness of the work of the Health Insurance Evaluation Institute and the Pharmaceutical Benefit Evaluation Committee has been undermined.

However, all of the crimes of this case are committed by the defendant.

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