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(영문) 광주지방법원 2013.11.27 2013고합225

보건범죄단속에관한특별조치법위반(부정의약품제조등)

Text

Defendant

A Imprisonment of two years and fine of 600,000,000 won, Defendant B’s imprisonment of one year and fine of 200,000,000 won, and Defendant.

Reasons

Punishment of the crime

Defendant

A without qualification as a herb pharmacist, a person who actually establishes and operates the J-Korean pharmacy in Gwangju Mine-gu I, and Defendant B and Defendant C are employed by Defendant A to establish the said pharmacy in their names, and they are herb pharmacists who have worked in the said oriental medicine.

1. Defendant A

A. On July 12, 2006, the Defendant: (a) established the above pharmacy in the name of B by paying monthly salary of KRW 2 million to the herb pharmacist B; and (b) ordered B to provide consultation by telephone to patients who visited the oriental medicine department; and (c) requested B to provide consultation by telephone; and (d) without obtaining permission from the competent authority, the Defendant introduced “dypt herb drugs” manufactured by mixing the herb drugs, “maul, regrad, fluor, fluor, fluor, etc.,” without obtaining permission from the competent authority.

Around January 4, 2007, the Defendant manufactured and sold 1,30,000 won of “Damart herb” manufactured by the foregoing method, and sold from that time to October 23, 201, the Defendant manufactured and sold 268,429,555 won of “Damart herb,” which is a medicine, without obtaining permission from the competent authority over 162 times in total, as shown in attached Table 1, from that time to October 23, 2011.

B. On October 24, 2011, the Defendant: (a) established the above pharmacy in the name of Korea under C by paying monthly salary of KRW 2,500,000 to the herb pharmacist C; and (b) ordered C to provide consultation by telephone to patients who visited the oriental medicine station and patients who requested counseling by telephone; (c) without obtaining permission from the competent authority, the Defendant introduced “dypt herb drugs” manufactured by mixing the “here, flag, flad, flad, sul, and so on” and without obtaining permission from the competent authority.

The Defendant, manufactured by the foregoing method, sold 2 months of “Damb herb” to the patient L, around October 25, 201, after receiving KRW 100,000 from the patient around October 25, 201, and from that time until March 29, 2013, total of 840 times as shown in attached Table 2.