약사법위반
A defendant shall be punished by imprisonment with prison labor for not less than six months and by a fine not exceeding eight million won.
When the defendant does not pay the above fine.
Punishment of the crime
The Defendant is a person who operates an electronic commerce enterprise with the trade name of “C” in a building located in Busan Northern-gu B.
No person shall put a mark on the containers, packages, or appended documents that are not quasi-drugs, which might lead to misunderstanding that they have medical efficacy, efficacy, etc., or advertise the same contents.
Nevertheless, from February 5, 2020 to February 21, 2020, the Defendant sold the above “C” office, and from the Internet shopping mall “D,” general mack other than non-pharmaceutical drugs, the Defendant advertised that the above general Mack, “I would like to have the product of non-pharmaceutical drugs, the product of the Food and Drug Agency for Food and Drug Use that can be used with the product of non-pharmaceutical drugs, the product of non-pharmaceutical drugs, and the product of the Food and Drug Agency for Food and Drug Use that is non-pharmaceutical drugs,” and “I would protect respiratory from sources of infection such as dust,” and sold the above general Mack 59,600 (sale amount to KRW 153,56,00) to many unspecified persons.
As a result, the Defendant advertised non-pharmaceuticals that may be mistaken for medical efficacy, effects, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Application of investigation reports, field photographs, contents of advertisements, business registration certificates, sales details-related Acts and subordinate statutes;
1. Article 93 (1) 10, Articles 66 and 61 (2) of the Pharmaceutical Affairs Act concerning facts constituting an offense;
1. Article 93 (2) of the Pharmaceutical Affairs Act (Concurrent Imposition of Imprisonment and a fine);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 62 (1) of the Criminal Act;
1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to have sold general Maskk as if it were for the purpose of economic benefit at the time when conana 19 virus spreaded. The crime of this case is highly likely to be committed in light of the background of the crime and the method of the crime.
The defendant sold in the above manner.