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(영문) 서울중앙지방법원 2014.02.07 2013고정1404

약사법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is operating a “F Animal Hospital” in Jung-gu Seoul Metropolitan Government E.

1. Any person who intends to engage in the business of manufacturing medicines in violation of the Pharmaceutical Affairs Act shall be equipped with necessary facilities and obtain permission from the Commissioner of the Korea Food and Drug Administration (the Minister of Food and Drug Safety; hereinafter the same shall apply), and when intending to sell drugs, he/she shall obtain permission

그럼에도 피고인은 식품의약품안전청장의 허가를 받지 아니하고 위 동물병원에서 알벤다졸, 아이버멕틴 등을 혼합하여 구충제 및 심장사상충약을 제조하고, 2012. 6. 19.경 G로부터 전화주문을 받고 택배를 통하여 위 심장사상충약 48정을 6만 원에 판매하였다.

2. No business operator, etc. who violates the Act on Fair Labeling and Advertising shall place any false or exaggerated indication or advertisement that is likely to undermine fair trade order by deceiving or misleading consumers;

On October 10, 2009, the Defendant published an exaggerated advertisement “I” on October 22, 201, although the Defendant did not open the Animal Cancer Center or set H against animals, and published an exaggerated advertisement “H” on October 22, 201.

Summary of Evidence

1. Partial statement of the defendant on the fifth trial date;

1. Each legal statement of the witness J and K;

1. A written appraisal;

1. Application of Acts and subordinate statutes to the complaint (including attached data);

1. Article 93(1)4, and Article 31(1) of the former Pharmaceutical Affairs Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Pharmaceutical Affairs Act”); Articles 93(1)10, 61(1)2, and 31(2) of the former Pharmaceutical Affairs Act (amended by Act No. 11690, Sep. 15, 2011; hereinafter “former Pharmaceutical Affairs Act”); Article 93(1)10, 61(1)2, and 31(2) of the former Pharmaceutical Affairs Act concerning criminal facts; Article 93(2) of the former Act on Fair Labeling and Advertising;