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(영문) 부산지방법원 동부지원 2018.02.07 2017고단2694

약사법위반

Text

1. Defendant A

(a) The defendant shall be punished by imprisonment for eight months;

(b)Provided, That the above sentence shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. The Defendants conspired with each other to commit the joint crime of the Defendants, and Defendant B received forged drugs from those in the name of the Defendants, such as Non-Party B, Sialece, and women’s maximum music agents, and recruited them through smartphone-making apps, etc., and Defendant A, upon Defendant B’s instruction, decided to sell forged drugs to the residents of Busan area among those who wish to purchase which Defendant B recruited.

A person other than a pharmacy founder shall not sell or acquire drugs for the purpose of sale, and no person shall knowingly sell or acquire drugs, the purpose of sale of which is not permitted, or those forged or altered similar to the permitted medicines, for the purpose of sale.

Nevertheless, around July 9, 2016, as indicated in paragraph (2) below, Defendant B purchased B, etc., a forged drug, B, etc. from F, etc., and delivered B, via Kakakao Stockholm P, etc., Defendant A notified Defendant A of his/her eligibility to purchase via Kakao Stockholm P. On July 9, 2016, Defendant A sold 200,000,000 won, which is a forged drug, to Defendant B, who wished to purchase his/her name in the vicinity of the Maritime High School located in Busan High Shipping Daegu, Busan High School, Inc. < Amended by Presidential Decree No. 27423, Jul. 9, 2016; Presidential Decree No. 20348, Jul. 3, 2016>

From January 24, 2017 to January 24, 2017, Defendants conspired to sell or acquire for sale all 27 occasions as shown in the list of offenses listed in the attached Table (1). The Defendants sold or acquired for sale at a total of KRW 8,315,00, 27.

2. No person other than a person who has established a pharmacy shall sell or acquire drugs for the purpose of sale, and no person shall knowingly sell or acquire drugs of which permission has not been obtained, or forged or altered drugs similar to those of permitted drugs;

Nevertheless, the Defendant on July 2015.