beta
(영문) 의정부지방법원 고양지원 2015.06.19 2015고정460

약사법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[2015 High Court Decision 460]

1. Defendant A is a person who operates an adult product sales store.

No person other than a pharmacy founder (including a pharmacist or herb pharmacist working for the relevant pharmacy) shall sell or acquire drugs for sale.

Nevertheless, the Defendant:

A. Around August 2014, at the sales store of the above adult products directly operated by the person who is located in Goyang-si B, the sales store sold 20,000 won to the influent person, who acquired and kept in advance 3 notice of the pre-divated donations treatment chemicals from the influent distributor, to the influent person.

B. A around September 2014:

It sold 10,000 won notice, which is a pre-divating treatment agent, to the indivists who have been in the same place as the paragraph.

[2015 fixed727]

2. The Defendant is a person who operates an adult product store in the name of “C” on the 1st floor of the building under the 1st floor of the Goyang-dong, Busan-gu.

No person other than a pharmacy founder may sell drugs or acquire drugs for the purpose of sale.

Around October 11, 2014, the Defendant, even if a pharmacy founder is not a pharmacy owner, sold to customers under his/her name in the “C” the 10,000,000 won, a total of KRW 20,00,00,00, in which the Defendant sold the fake “2 10,000 square meters” of the manufacturing company’s uncertainty to customers.

Summary of Evidence

[2015 High Court Decision 460]

1. Defendant's legal statement;

1. Written opinion (including instructions to handle civil petitions attached thereto);

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the delivery of public interest report (326 cases, such as Article 2014-473);

1. Articles 93(1)7 and 44(1) of the former Pharmaceutical Affairs Act (amended by Act No. 1331, May 18, 2015) (amended by Act No. 1331, May 18, 2015) concerning criminal facts [the punishment of a defendant was determined, considering the course and degree of the crime, and the sales volume of the entire case]

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued for the reasons above.