약사법위반
Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
A drug wholesaler shall employ a pharmacist to manage his/her duties.
그럼에도 불구하고, 피고인은 약사인 B로부터 면허를 대여 받아 고양시 일산동구 C건물 D호에 있는 ‘E’이라는 상호로 의약품 도매상을 운영하면서, 2018. 5. 13. 13:05경 불상의 손님에게 동물의약품인 ‘하트가드(심장사상충약)’ 1개, ‘케이씨디(항생제)’ 1개, ‘켄넬코프(백신)’ 1개 등을 합계 43,000원에 판매하는 등 2017. 11.경부터 2018. 5. 31.경까지 의약품을 판매하였다.
Accordingly, the defendant did not have a pharmacist and operated a drug wholesaler without having a pharmacist manage his duties.
Summary of Evidence
1. Defendant's legal statement;
1. A suspect interrogation protocol concerning B by the prosecution;
1. An investigation report (a motion picture and a closure of the main screen);
1. Details of the “cases” ingredients, pharmacists’ licenses, and appendix the details of the transactions for entry and departure of suspects;
1. Application of Acts and subordinate statutes concerning the receipt of reports on requisition for violation of the Pharmaceutical Affairs Act and accompanying documents;
1. Article 94 (1) 5 of the Pharmaceutical Affairs Act and Articles 45 (5) of the same Act concerning criminal facts, the choice of punishment, and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act does not include a pharmacist on the grounds of sentencing, and the sentencing of a drug wholesaler is determined as ordered by taking into account all factors of sentencing as indicated in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive for committing a crime and circumstances after committing a crime.