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(영문) 부산지방법원 2016.11.29 2016고단6190

약사법위반

Text

1. Defendant A shall be punished by imprisonment with prison labor for eight months.

2. Defendant B shall be punished by imprisonment with prison labor for four months.

This judgment.

Reasons

Punishment of the crime

Defendants and E are not pharmacy founders.

Defendant

A in collusion with pro-friendly E residing in the U.S., E delivers medicines under the name of “F”, “G”, and “H” (hereinafter “the instant medicines”) which are special medicines for advance donation in the U.S. to Defendant A via international mail, and Defendant A recruited customers by opening Internet homepages, such as “I”, “J”, and “K”, and then planned to pack the medicines delivered from E and deliver them to customers, and transfer proceeds excluding expenses for sales from deposits.

Defendant

B took part in the above crime from July 15, 2016, and served as a role of delivering medicines to customers after being provided with goods and delivery information from Defendant A.

1. A around January 5, 2016, Defendant A received 180,000 won from L, which was requested to purchase via the above website, and then sent the number of the instant medicines corresponding to the purchase amount to L’s address. From around that time to October 7, 2016, Defendant A sold medicines equivalent to KRW 59,60,613 in total over 264 times, as indicated in the list of crimes in the attached list of crimes.

Accordingly, Defendant A conspired with Party E from January 5, 2016 to July 13, 2016, and sold drugs in collusion with Party E from July 15, 2016 to October 7, 2016.

2. Defendant B’s delivery of the instant medicine amounting to KRW 247,579 from A to M via mobile phones around July 15, 2016 from the French area in Seoul to around 15, 2016, was under contact and sent to M the number of the instant medicine equivalent to the purchase amount. From around that time to October 7, 2016, Defendant B, as indicated in [Attachment Table No. 160 to 264] 105 times in total, as shown in [Attachment Table No. 160 to 264], is equivalent to KRW 22,52,585.