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(영문) 서울중앙지방법원 2012.02.09 2011고단5971
약사법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B On October 10, 2011, the Seoul Central District Court sentenced the suspension of the execution of six months to a violation of the Pharmaceutical Affairs Act, which became final and conclusive on October 18, 201.

Defendant

A is a managing director in the business marketing sector of G Co., Ltd. which manufactures and sells drugs with permission for items of 18 drugs, such as “F administration,” and Defendant B is a managing director in the business sector of G Co., Ltd., and Defendant B is a representative director of H established for the purpose of publicity agency and market research services.

No person who has obtained marketing approval of drugs, importer, or wholesaler shall provide money, goods, benefits, labor, entertainment, or other economic benefits to medical personnel, founders of medical institutions, or founders of pharmacies for the purpose of sales promotion, such as adoption of, guidance for prescription of, etc. of, and guidance for, drugs.

Defendant

A introduced a "plan to reduce the drug price, which is an economic interest, such as money, for the purpose of sales promotion" in July 2009. As a result, it is no longer difficult to offer rebates to doctors, etc. who prescribed medicines manufactured and sold in G stock companies, as shown in the example, for the purpose of promoting the sale of medicines. As a result, while seeking any other method to provide rebates for the purpose of promoting the sale of medicines, it was possible to offer rebates in the form of offering the price for written answers by Defendant B, which is the autonomous covenant of the pharmaceutical companies that the Korea Pharmaceutical Association, implemented with the approval of the Fair Trade Commission, against the doctor who prescribed the drugs produced in G stock companies by the Korea Pharmaceutical Association, which is the autonomous agreement of the pharmaceutical companies that are implemented by the Korea Pharmaceutical Association after obtaining the approval of the Fair Trade Commission, while seeking for a different method to offer rebates for the purpose of promoting the sale of medicines.

Epidemiological investigations shall be conducted by pharmaceutical companies, etc. in relation to specific diseases, the characteristics of patients.

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