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(영문) 수원지방법원 2012.11.08 2012고정2693

약사법위반

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

(a) No person, other than the co-principal of Defendant A and Defendant B, may establish a pharmacy.

Nevertheless, the Defendant, who is not a pharmacist, has employed B as a pharmacist, prepared a real estate contract and an application for the establishment of a pharmacy in the name of B, and registered B’s bank account as a pharmacy account with the National Health Insurance Corporation, and B agreed to receive a certain amount of money from the Defendant as the price for the above act and the employment pharmacist, and in substance, the Defendant established and operated a pharmacy, but, as if B established and operated a pharmacy, conspired the Defendant’s establishment of a pharmacy by forming

The Defendants conspired as above from January 10, 2012 to March 14, 2012, the Defendants employed B on the condition that the Defendant would pay B KRW 1.9 million per month to B at the same place as the above paragraph (a), and established and operated the above pharmacy in charge of the overall operation of the above pharmacy, and B agreed to receive the above money in return for the use of the pharmaceutical name and the preparation of medicine.

Accordingly, the Defendant conspiredd with B to establish a pharmacy in violation of the prohibition of the establishment of a pharmacy by a person other than a pharmacist.

(b) A person other than a single pharmacist of a defendant may not prepare medicines, and a person who is not a pharmacy founder shall not sell medicines;

Nevertheless, at around 21:50 on February 6, 2012, the Defendant: (a) prepared three guns at around 21:50 to the head of the Gyeonggi Provincial Police Agency D and sold them at KRW 2,50; (b) prepared nine guns at around 1:37, 201 to the head of the Gyeonggi Provincial Police Agency E and sold them at KRW 7,500; (c) on February 12, 2012, at the same place, at around 12:07, the Defendant sold the ice string, which is a medicine, to F, at the price of the unused; and (d) prepared six guns at around 21:45 on February 21, 2012 to G at the same place and sold them at KRW 4,00.

Summary of Evidence

1. The defendant's legal statement 1.