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(영문) 서울서부지방법원 2015.11.19 2014고단1984
의료법위반
Text

1. Defendant A shall be punished by a fine of twenty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant R is the chief of the overall headquarters prior to the sales of 218 items, such as AR, which were pharmaceutical products, by taking overall control of the budget execution concerning the AP (former trade name: Q; hereinafter “AP”) that obtained marketing approval of drugs on the seventh floor of Gangnam-gu Seoul AO building from around October 30, 2006 to around October 30, 201.

A person who has obtained marketing approval of drugs, an importer, or a drug wholesaler shall not provide money, goods, labor, entertainment, or other economic benefits (hereinafter referred to as "economic benefits, etc.") to a pharmacist, a herb pharmacist (including persons working for the relevant pharmacy), a medical person, a founder of a medical institution (including the representative, director, or any other person working for the corporation), or a person working for a medical institution for the purpose of sales promotion, such as adoption of drugs and inducement of prescription.

around January 2010, the Defendant sold 89 items, including 89 items, which are special drugs manufactured by AP, and provided KRW 100,000,000,000,00 to ATPP’s founders in Gangnam-gu Seoul Metropolitan Government for the purpose of sales promotion, such as inducing the adoption of drugs, and providing them with merchandise coupons, etc. equivalent to the amount of KRW 100,000,00,000, as stated in the attached Table 1, as stated in the “crime List 1”, to medical personnel, medical institution founders, pharmacy founders, and pharmacy founders, etc. working for AP from the above date to October 2010, for the purpose of sales promotion.

2. Defendant B, from November 2010 to January 2012, 201, was a general manager of the pre-sale headquarters who comprehensively controlled budget execution with regard to AP business with the marketing approval of drugs on the seventh floor of Gangnam-gu Seoul AO building and sold 218 items, such as AR, which are pharmaceutical products.

A person who has obtained marketing approval of drugs, an importer, and a drug wholesaler shall be a pharmacist, a herb pharmacist (including persons working for the relevant pharmacy), a medical person, and a medical institution for the purpose of sales promotion, such as adoption of drugs and inducement of prescription.

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