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(영문) 울산지방법원 2020.01.14 2019고단4471

약사법위반

Text

Defendant

A Imprisonment with prison labor for one year, and for eight months, each of the defendants B.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

The Defendants conspired to sell abortion, which is a name-free person and medicine, and the name-free person ordered the so-called “C” to put the name-free person under the order of the so-called “C,” and ordered the Defendants to take charge of sending the said name-free abortion and packing paper to the Defendants, and the Defendants again packed it and then deliver it to the customers on their own.

Accordingly, the Defendants, at the house of the Defendants located in Guro-gu Seoul Metropolitan Government, placed three parts of the package in which “mis prostol” was written, and “MIEPREX” was sealed in the package in which “mis prostol” was written, and then sealed the entrance of the package in heat by using the Hague beauty equipment.

On July 15, 2019, at around 15:09, the Defendants delivered Chinese abortion, which is a medicine, to many persons by the same method over a total of 551 times, from around that time to October 28, 2019, at the Guro-gu Seoul Metropolitan Government Guro-gu 130-2 office, as above, to E, as well as from around 15:09.

Accordingly, even if the Defendants were not pharmacy founders, they sold medicines in collusion with the name-free persons.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of seizure and the list of seizure;

1. Each internal investigation report and investigation report;

1. The application of the details of account transactions, the report on appraisal, each photograph, and the Acts and subordinate statutes of receipts;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 93(1)7 and 44(1) of the Pharmaceutical Affairs Act, Article 30 of the Criminal Act, and choice of imprisonment

1. Defendant B: Article 62 (1) of the Criminal Act;

1. The Defendants: (a) recognizing the facts charged with the reasons for sentencing under Article 48(1) of the Criminal Act; and (b) compared to the total sales amount of abortion.