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(영문) 대전지방법원서산지원 2020.10.05 2020고정206

약사법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall make any indication or advertisement on the containers, packages, or appended notes that may lead to misunderstandings as having medical efficacy, with respect to those articles other than medicines or quasi-drugs, and shall sell any articles which are indicated or advertised similar to those of drugs or quasi-drugs, store or display them for sale.

Nevertheless, from February 24, 2020 to February 27, 2020 of the same month, the Defendant registered a notice “C” on “KF94 Mark 5, 2005,” which read “C,” and advertised as if the Defendant sold KF94 Mak for health, which is a quasi-pharmaceutical certified by the Ministry of Food and Drug Safety, as if the Defendant had sold the Makk for health, which is a non-pharmaceutical certified by the Ministry of Food and Drug Safety, and displayed and sold it similar to non-pharmaceutical drugs, such as selling 270 Makk 27,100 won in total at the Mak market price to the consumers visiting the notice.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to internal investigation reports, investigation reports (in relation to wholesalers submitted by the suspect), investigation reports (in relation to wholesalers), and investigation reports (in relation to wholesalers);

1. Article 93 (1) 10, Articles 66 and 61 (2) of the Pharmaceutical Affairs Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Korea Criminal Procedure Act of the date when the Defendant was cronanana or 19 infection and sold Make, the source and performance of which are unclear for the purpose of economic benefit, as if he were certified as the food and drug manager, and it needs to be strictly punished as an act causing harm to the public health.

Defendant

In addition, it is believed that the Mack in this case is a wholesaler's KS94, but it is prior to obtaining certification from the Ministry of Food and Drug Safety.