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(영문) 부산지방법원 2013.11.28 2013고단5991

약사법위반

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, and by a fine of two million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A

(a) No person other than a pharmacist or herb pharmacist shall establish a pharmacy;

Nevertheless, around July 2012, the Defendant opened and operated a pharmacy in the name of a pharmacist in Busan Jung-gu, and agreed to pay two million won per month to B in return for the establishment and operation of a pharmacy in the name of a pharmacist in Busan Jung-gu. From July 17, 2012 to July 31, 2013, the Defendant established and operated a F Pharmacy in the name of B as above.

Accordingly, the defendant established a pharmacy even though he is not a pharmacist or herb pharmacist.

B. On February 3, 2013: (a) around 13:25, 2013, the Defendant received and sold 3,000 won after receiving 3,00 won, an over-the-counter medication (out-the-counter medication) from a named customer who requested obsing drugs, although the Defendant did not have a pharmacist or herb pharmacist’s license.

Accordingly, the Defendant sold medicines even though he is not a pharmacy founder.

C. On April 7, 2013, the Defendant, even though a pharmacist or herb pharmacist was not granted, sold knives, who received 2,500 won as over-the-counter drugs, to customers with no name-friendly knives without a pharmacist or herb pharmacist.

Accordingly, the Defendant sold medicines even though he is not a pharmacy founder.

2. Defendant B’s license shall not be lent to another person.

Nevertheless, the above 1-A.

At the same time, at the same place as the paragraph, A without a pharmacist's license borrowed a pharmacist's license to A so that A may establish and operate the above E-pharmacy.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each accusation book and each police protocol against G;

1. Application of the Acts and subordinate statutes to H’s confirmation;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 93(1)2 and 20(1) of the Pharmaceutical Affairs Act (the establishment of a pharmacy), Articles 93(1)7 and 44(1) of the Pharmaceutical Affairs Act (the occupation of selling medicines), and the choice of imprisonment, respectively;

B. Defendant B: Article 93(1)1 and Article 6(3) of the Pharmaceutical Affairs Act; Article 93(1)1 of the same Act; and Article 6(3)1 of the same Act does not have any other criminal records; and the circumstances of the instant case.