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(영문) 서울서부지방법원 2018.08.14 2018고정108

약사법위반

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the representative of the C Councilor (hereinafter “C Councilor”) in Seoul Central Central District, and D supplied drugs to the instant hospital.

E Business Members are E.

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

Nevertheless, although D is not a pharmacy founder, D was required to request the F, which is a specialized medicine that has the efficacy to improve girthly, from a person who is not a pharmacy founder, and requested the defendant, who is not a pharmacy founder, to request the above drugs to be sold to a person who is not the deceased.

The Defendant, at the instant hospital around December 11, 2015, called “F” 500 gambling from Defendant D to KRW 16 million and called “F” to D. However, in cases where the parties concerned make a statement as “Ix” at the time of the statement, the Defendant refers to “Ixx”.

“ 500 Gamblings,” Defendant D received them and sold 16 million won to the needy.

As a result, the Defendant conspired with D to sell drugs even though he was not a pharmacy founder.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness D;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. A protocol concerning the examination of suspect of each police station against D;

1. Statement of the police statement related to G;

1. Statement of acquisition and a list of seizure;

1. Reports on internal investigation (attached to output of data stored by an informant) and investigation reports (verification of details of deposits and withdrawals into and out of the A account);

1. Application of Acts and subordinate statutes to a petition, a request for an investigation related to the Pharmaceutical Affairs Act and the Medical Service Act, a detailed statement of purchase of medicines, a public interest report (No. 2016-1052), a delivery book, a detailed statement of transactions, a statement of import, a copy of a bankbook, a copy of a detailed statement of transactions, a copy of

1. Relevant Article of the Act on Criminal facts and Article 93 (1) 7 and Article 44 (1) of the Pharmaceutical Affairs Act (Selection of Penalty Surcharge) of the option of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The argument.