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(영문) 인천지방법원 부천지원 2017.12.08 2017고단191

약사법위반

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, by a fine of three thousand won, and by a fine of three thousand won,00,000 won, respectively.

Reasons

Punishment of the crime

Defendant

A is a person who is working as a representative director of the defendant B corporation for the purpose of manufacturing, selling, etc. of household goods from the F in Bupyeong-si.

1. Defendant A

(a) A person who intends to engage in the business of manufacturing medicines in violation of the Pharmaceutical Affairs Act concerning the manufacture of unauthorized medicines shall be equipped with necessary facilities and obtain permission for the business of manufacturing medicines from the Minister of Food and Drug Safety;

Nevertheless, from Jun. 24, 2013 to Nov. 20, 2014, the Defendant added a menttones to a Han bank extraction product through G and H, etc. without obtaining a pharmaceutical manufacturing business license, and made the original amount of the product. The Defendant manufactured “I” and “J” by putting the product in packaging in packaging sites in which the product name, manufacturing cost, etc. are written at the Defendant’s dwelling located at K and 612 Dong 501, which is located in Seocheon-si, K and 612 Dong 501.

As a result, the defendant was engaged in manufacturing of medicines without obtaining permission for manufacturing of medicines.

(b) No person other than a pharmacy founder who violates the Pharmaceutical Affairs Act concerning the sale of drugs shall sell or acquire drugs for the purpose of sale; and

On May 11, 2014, the Defendant received 27,000 won large 27,00 won and sold 2 factorings to M through the Internet shopping mall (L) operated by the Defendant.

In addition, from around that time to November 6, 2015, the Defendant sold 3,150 factorings and J 3 factorings to customers through Internet shopping mall, such as attached Table 2.

(c)

Any person who violates the Pharmaceutical Affairs Act concerning the violation of restrictions on labeling or advertising shall put a mark on the container, package, or appended document that is not a drug, which is likely to mislead him/her into being of medical efficacy, efficacy, etc.

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