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(영문) 부산지방법원 2013.12.13 2013고정3388

약사법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a pharmacist who establishes and operates the “E-Contracting” located in Busan Central District D.

Notwithstanding the fact that a person who is not a pharmacy founder of 2013 High-level 3388 (including a pharmacist or herb pharmacist working for the relevant pharmacy) is not able to sell drugs or obtain drugs for sale, the above ”E pharmacy’s “F,” despite the fact that he/she is not an employee of the above pharmacy on March 14, 2013, received 3,000 won from a name-free customer who visited the pharmacy, who was not an operator of the above pharmacy, even though he/she was not an operator of the above pharmacy.

Accordingly, the defendant's employees committed the above violations in relation to the defendant's duties.

"2013 High Court 3937"

1. On November 29, 2012, the Defendant: (a) around 20:00, at the above “E pharmacy” around November 29, 2012, the Defendant: (b) sold to a named customer who was an employee of the Defendant with a name-free customer who found his/her place of business in connection with the Defendant’s business at KRW 2,00, and (c) sold drugs to a pharmacy founder, etc

2. On February 3, 2013, at the above “E pharmacy” around 13:00, the Defendant: (a) sold as an over-the-counter drugs to customers under the name-in-fact customer who found the Defendant’s employees the location of the Defendant’s business; and (b) sold drugs to customers who were not pharmacy founders, etc., even though the Defendant sold as an over-the-counter drugs at KRW 4,00.

Summary of Evidence

"2013 High Court 3388"

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Cut photographs and over-the-counter photographs of the dynamic screen "2013 high-scale 3937";

1. Partial statement of the defendant;

1. Each legal statement of witness G and H in part;

1. Application of Acts and subordinate statutes to each video CD reproduction result;

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 for negligence;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Act;

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

1. The order of provisional payment;