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(영문) 의정부지방법원 2014.01.03 2013고단4008

약사법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to import medicines, etc. violating the Pharmaceutical Affairs Act due to import of unauthorized drugs shall obtain permission for each item or make a report thereon from the Minister of Food and Drug Safety;

Nevertheless, around November 13, 2012, the Defendant imported drugs without obtaining permission from the Minister of Food and Drug Safety, by holding and entering into the Republic of Korea an amount equivalent to KRW 1.2 million at the 40-month market price of “BDaal Art” 40 months, which is a multi-use medicine containing ingredients, such as “sibra” and “sibine” purchased in Thailand through the Incheon Airport.

In addition, from around that time to June 23, 2013, the Defendant imported approximately KRW 94,080,000 (480,000) market price of “BDaal Art” through the same method ten times, as shown in attached Table 1, from around that time, without obtaining permission from the Minister of Food and Drug Safety.

2. A person other than a pharmacy operator who violates the Pharmaceutical Affairs Act, due to the sale of medicines, may not sell or acquire medicines for the purpose of sale;

Nevertheless, around January 2, 2013, around 19:29, the Defendant posted an advertisement stating that the Defendant is not a pharmacy owner, at around 19:29, C Apartment 2001, 904, the Defendant, using the Internet at the Defendant’s residence, sold BDam Dam Dam Dam Dam Do, and reported it to E, who visited E, sold the “BDam Dom Dom Dom Dom 196(1) as stated in paragraph (1) at KRW 75,00.

In addition, from around that time to June 12, 2013, the Defendant sold approximately KRW 116,228, the market price of “B multi-locks” to customers by the same method over 324 times, such as the attached Table 2, from around that time to around June 12, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the examination of each police suspect against F and G;

1. Each report on investigation;

1. Status of individual entry and departure;

1. The protocol of seizure and list of seizure of the police; and

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