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(영문) 수원지방법원 2017.01.26 2016고정2810

약사법위반

Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a corporation established for the purpose of the operation of a farm consulting and packaging farm, livestock medicine and non-pharmaceuticals, feed import and sales, etc., and the representative director of the Young-gu, Young-gu, 1104, and the defendant B is a corporation established for the purpose of the operation of a farm.

1. No one shall put a mark on a container, package, or package attached document that is likely to mislead any person to believe that articles other than drugs have efficacy, efficacy, effect, etc., or advertise such contents, and no person shall sell, store, display for sale, or display, articles indicated or advertised similar to those of drugs;

Nevertheless, from April 2016 to June 2016 of the same year, the Defendant advertised “F” and “G” products as an auxiliary feed of “E” with the title of “E,” and advertised “F” products with a view to recovering the mountain rate, improving the crypt, reducing the wave rate, promoting the Ambassador functions, promoting immunity, promoting the immunity, and cleaning, and promoting the effect of continuous destruction and extinction of agrochemicals “,” and advertised both fields of study, including, but not limited to, inter alia, 300 publicity materials containing the above contents to be distributed to the farmers in the mass of approximately 300 locations, and thus making an advertisement likely to mislead others into pharmaceutical products.

2. Defendant B, who is the representative director of the Defendant, committed the act of violation as prescribed in paragraph (1) above with respect to the Defendant’s business.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with H;

1. A monthly advertising engineer;

1. A copy of the public relations book;

1. Application of statutes governing certified copies of corporate registers;

1. Article 93 (1) 10 and Article 61 (2) of the Pharmaceutical Affairs Act, Defendant B who selects a fine: Articles 97, 93 (1) 10 and 61 (2) of the Pharmaceutical Affairs Act, and Articles 61 (2) of the same Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Defendant and defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act.