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(영문) 서울중앙지방법원 2014.07.24 2014고단2760

약사법위반

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

No person other than a pharmacy founder may sell drugs or acquire drugs for the purpose of sale.

1. From August 19, 2013 to November 30, 2013, Defendant A, even if not a pharmacy founder, posted a notice stating that he/she sold fluorine, etc., a prescription drug, on the bulletin board of “H”, at G office located in Seongdong-gu Seoul Metropolitan Government Seongdong-gu, and sold 22,989,000 won in total for 41 times, as shown in attached Table I, to I who reported and contacted the above writing.

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

2. On August 13, 2013, Defendant B, at the K office operated by the Defendant in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, the Defendant received an order to purchase prescription drugs, such as Ruju, from the above A, and sold 30 million won in price to him/her. From this point to November 25, 2013, the Defendant sold 22,523,200 won in total for 29 times, as shown in Annex II of the Crimes List of Crimes.

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

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Each prosecutor's interrogation protocol against the Defendants

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 93 (1) 7 and Article 44 (1) of the Pharmaceutical Affairs Act, the choice of applicable law to facts constituting an offense, and the choice of imprisonment, respectively;

2. Article 62 (1) of the Criminal Act of the suspended execution;

3. A favorable condition that is unfavorable to the reasons for sentencing under Article 48(1)1 of the Criminal Act (Defendant B): Defendant B, even though it is not a pharmacy owner, sells prescription drugs, etc.; Defendant B, who made a confession, is against the nature of the crime; Defendant A has no criminal power; and Defendant B, who is punished by a fine.