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(영문) 서울중앙지방법원 2015.06.24 2014고정5688

약사법위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a pharmacist who operates the E-pharmacy in Jongno-gu Seoul Metropolitan Government D.

On December 6, 2013, no person can sell drugs or obtain them for the purpose of selling them, a single-person F, who is an employee of the defendant, sold them for 50,00 won to customers who find a place without the defendant's instructions.

Accordingly, the defendant, who is an employee, committed the above-mentioned violation in relation to the defendant's business.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A written accusation of the Jongno-gu Public Health Center;

1. Evidence, video CDs;

1. Application of Acts and subordinate statutes to investigation reports (verification of the representative of pharmacies by joint penal provisions);

1. Article 97 of the Pharmaceutical Affairs Act and Articles 93 (1) 7 and 44 (1) of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Judgment on the assertion of the defendant and defense counsel under Article 186(1) of the Criminal Procedure Act that bear litigation costs

1. The alleged Defendant actively educated his ordinary employees that they should not sell drugs, and fulfilled the duty of supervision, such as providing education on the first day on which he employed and worked as F. The F knowingly knowingly sold drugs to embling pharmaceuticals sales proceeds.

2. The proviso of Article 97 of the Pharmaceutical Affairs Act provides that an individual who employs an employee shall not be punished if he/she is not negligent in giving due attention and supervision concerning the pertinent business in order to prevent such offense. As such, we examine whether the Defendant has given due attention and supervision to prevent the act of selling medicines.

According to the above evidence, the following circumstances are recognized at the time of the sale of the instant medicine.

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