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(영문) 수원지방법원 안산지원 2015.11.25 2015고단3167

보건범죄단속에관한특별조치법위반(부정의료업자)등

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1. Defendant A

(a) The defendant shall be punished by imprisonment for a year and six months and by a fine of 700,000 won;

(b) this judgment, except that it is a judgment.

Reasons

Punishment of the crime

1. No person, other than a medical person, who violates the Medical Service Act and the Act on Special Measures for the Control of Public Health Crimes by Defendant A, shall perform any medical practice, and no medical person shall perform any medical practice other than that licensed;

When operating the skin control point with the trade name "G" in 404 of the F Building 404, the Defendant: (a) provided with injection equipment, injection amount per Do; (b) obtained 150,000 won in cash from July 2013 to H; (c) inserted the drugs "Medix new stocks" into the injection machine; and (d) performed the one "Mex Stockholm" procedure in the manner of injecting between the buyer's name and the U.S. in the attached Table 1 as stated in the attached Table 5 and 6 above; and (b) made any clerical error in the date and time of each crime as described in the attached Table 1 above, such as correction, to 12 persons in total from February 2, 2013 to August 22, 2014.

2. Defendant B’s violation of the Pharmaceutical Affairs Act is a drug wholesaler that runs the drug wholesale business in the name of the “(J) J” under the name of Mapo-si International Building B01.

A drug wholesaler shall not retail drugs, or sell drugs to a person other than a pharmacy founder, a seller of safe and readily available drugs, a herb druggist, a pharmacist, a drug wholesaler or another drug wholesaler, or a person who is entitled to sell drugs pursuant to the Act.

Nevertheless, around October 30, 2013, the Defendant sold to the said A drugs amounting to KRW 2,750,000 in total four times, as shown in the attached Table 2, from the time on which the Defendant received KRW 1,100,000 from the said “NJ” to “G” operated by the said A, and sold 10 of the Medix 100 unit of “Medix 100 unit of Medixs” (the drugs for the “Medix Stockholm procedure”), which is a medicine.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police protocol on K, L, M, N,O, P, and Q;

1. A report on the details of the R;

1. Each certification of S, T and U.