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Defendant
A Imprisonment for two years, Defendant B, C, and D shall be punished by imprisonment for eight months, and Defendant E shall be punished by a fine of 10,00,000,00.
Reasons
Punishment of the crime
Defendant
A is the head of Lick Hospital in Tong Young-si, who is the final decision-making authority with the authority to select and change a medicine supplier, and the defendant D is the operator of the Korea Pharmaceutical Trade Association E., the defendant C and the defendant B operated the Korea Pharmaceutical Trade Association M as a partner, and the defendant F was working as the head of L Hospital's general department.
1. No medical person, founder of a medical institution, nor person working for a medical institution shall receive money, goods, benefits, labor, entertainment, or other economic benefits provided from a medicine supplier for the purpose of sales promotion, such as inducing him/her to adopt, prescribe, or maintain transactions in, drugs, or cause him/her to receive such benefits;
A. The Defendant, who received rebates 45 million won from E Co., Ltd., was a customer of the foregoing L Hospital around July 2012.
N was known to the chief of the business of N
D The above L Hospital entered into a so-called “recoverment” agreement to the effect that “if a medicine is supplied to the L Hospital at the E Hospital, the price shall be paid every month after 180 days from the delivery of the medicine, and if the payment is made normally, 10% of the settlement amount shall be returned to the Defendant.”
Since September 16, 2012, the Defendant continuously received drugs from D and received cash 30 million won in the name of rebates from D around September 16, 2013 at the above L Hospital as well as received cash 30 million won in the name of rebates from D and received a total of 11 times from September 16, 2013 to December 29, 2015, as shown in attached Table 1 of the List of Crimes.
B. The Defendant who received rebates amounting to KRW 400 million from M is difficult to manage the hospital while receiving medicine from E Co., Ltd. from around September 2012 to around September 2015, and the payment of the price is properly made.