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(영문) 창원지방법원 마산지원 2014.09.17 2014고정366

약사법위반

Text

Defendants shall be punished by a fine of KRW 500,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendant

B is the E-Contracting employees in Changwon-si, the E-Contracting employees in Changwon-si D, and A is the founder of the above E-Contracting.

1. Around January 13, 2014, Defendant B, even though he is not a pharmacy founder, sold to an influenite customer, who was an over-the-counter drug displayed in the club, a fluorous treatment medicine, in order to purchase a drug at the above E-pharmacy where he works as his employee, the Defendant sold 2,000 won of the call, which is an over-the-counter drug displayed in the club.

2. The defendant B, an employee, committed the act under the preceding paragraph at the temporary location of the preceding paragraph.

Summary of Evidence

1. A written accusation;

1. Application of the Acts and subordinate statutes of this Court for inspection records;

1. Defendant A of the relevant legal provisions concerning criminal facts: Articles 97, 93 (1) 7, and 44 of the Pharmaceutical Affairs Act (Selection of Fines): Defendant B: Articles 93 (1) 7 and 44 of the Pharmaceutical Affairs Act;

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

1. Determination as to the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. At the time of the instant assertion, Defendant B sold “PPS” under the prior or presumed instruction of Defendant A, a pharmacist, and thus, it cannot be deemed as an act of selling medicines by a person other than a pharmacist prohibited by the Pharmaceutical Affairs Act.

2. Determination

A. The Pharmaceutical Affairs Act stipulates that no person, other than a pharmacist or herb pharmacist, shall establish a pharmacy, and at the same time, prohibits the sale of drugs by those, other than a pharmacy founder or a pharmacist or herb pharmacist working for the relevant pharmacy, in principle.

(Article 20(1) and the main text of Article 44(1) of the Pharmaceutical Affairs Act. The purport of the Pharmaceutical Affairs Act is to ensure that the sale of drugs is likely to affect the national health, and thus, it is inappropriate for the public to leave the sale of drugs to the public’s free will. As such, it generally prohibits the sale of drugs, and allow the sale of drugs by cancelling the general prohibition only to pharmacists or herb pharmacists who are qualified