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Defendant
A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
Defendant
A is the president of the K K Hospital located in the Daegu-gu J, Daegu-gu, and has overall control over administrative affairs such as personnel affairs, purchase, and fund management of the above hospital.
Defendant
B as the representative director of L Co., Ltd. (hereinafter referred to as “L”) of the pharmaceutical wholesale merchant, from April 2013, supplied drugs to the above K Hospital and MM pharmacy located in the vicinity thereof from April 2013.
1. Defendant A proposed that, around April 2013, Defendant A would offer a pharmaceutical company’s pharmaceutical drugs prescribed by the above hospital in the K Hospital room located in the Nam-gu, Daegu-gu, and that, in its use and prescription at the K Hospital, the pharmaceutical company’s pharmaceutical drugs, such as NB Ltd. (hereinafter “N”) supplied L from the representative L merchants who supply the drugs to the above hospital and its neighboring M pharmacies (hereinafter “N”) should be offered as “refilled,” referring to the amount equivalent to 20% of the amount of the medicine supplied at the K Hospital, and around that time, Defendant A received KRW 3,984,000,000,000,000 from around April 2017, as shown in the attached Table of Crimes (1) to receive KRW 499,000,000,000,000,000,000 from the date of issuance for drugs used and prescribed by the K Hospital.
As a result, Defendant A received KRW 2.09,067 million provided for the purpose of promoting sales such as adoption, prescription inducement, and maintenance of transaction from the representative B of L, which is a medicine supplier.
2. Defendant B
A. Defendant B’s violation of the Pharmaceutical Affairs Act following the offering of rebates to A includes the delivery of KRW 3,984,00,000,00,000,00 from N et al., to the head of the K Hospital Hospital at around April 2013, to the extent that the supply of medicines prescribed by the above hospital to the hospital and its neighboring M pharmacy, would cause the maintenance or increase of the amount of the supply of medicines.