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(영문) 부산지방법원 2013.04.17 2013고정850

약사법위반

Text

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

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

Reasons

Punishment of the crime

Defendant

A is a pharmacist who operates a "C pharmacy" on a scale of approximately eight square meters among the buildings of the second floor located in the Busan East-gu, Busan.

On October 1, 2009, the Defendant: (a) within the above C-Contracting, he received a prescription issued by customers D (the age of 66, female) from E; and (b) made a substitute preparation without prior consent of the doctor, such as preparing a substitute drug with low-priceropolass in lieu of the copolass (Korean ampampers) indicated in the prescription; and (c) made a substitute preparation without prior consent of the doctor, as shown in the attached Table 1 of Crimes List 209.

B. The Defendant, at the same time and place as the foregoing paragraph (a) of this Article, failed to give a doctor who issued a prescription after preparing substitute drugs more than 201 times in total as shown in the attached Table 2, by not giving a doctor who issued a prescription after preparing substitute drugs, such as preparing substitute drugs instead of a Pamper in a prescription slip, when he/she received a prescription issued by G Council member, and prepared a substitute drug instead of a Pamper, and failing to give a post-notification to the doctor who issued the prescription.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to a criminal investigation report;

1. Article 95 (1) 6 of the Pharmaceutical Affairs Act and Article 27 (1) and (4) of the same Act concerning the relevant criminal facts and the selection of fines, respectively;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.