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(영문) 창원지방법원 마산지원 2014.10.28 2014고정487

약사법위반

Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendant

A is an employee of the E-Contracting located in Changwon-si, Masan-si D, and Defendant B is a pharmacy founder of the above E-Contracting;

No person other than a pharmacy founder may sell medicines.

Nevertheless,

A. At around January 13, 2014, Defendant A, even if a pharmacy founder is not a pharmacy owner, at the above E-pharmacy operated by Defendant B, Defendant A sold in KRW 2,00 a copy of the dynamic medication, which is an over-the-counter drugs displayed in the display stand of the above pharmacy, to customers visiting to purchase drugs.

B. Defendant B violated the preceding paragraph in relation to the Defendant’s work at the time and place under the preceding paragraph.

Summary of Evidence

1. A written accusation and a written statement;

1. Application of CD video-related Acts and subordinate statutes

1. Article applicable to criminal facts;

(a) Defendant A: Article 93 (1) 7 and Article 44 (1) of the Pharmaceutical Affairs Act (Selection of Fines);

(b) Defendant B: Articles 97, 93(1)7, and 44(1) of the Pharmaceutical Affairs Act (Selection of Fines);

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Determination on the Defendants and their defense counsel’ assertion under Article 334(1) of the Criminal Procedure Act

1. Defendant A’s assertion did not violate the Pharmaceutical Affairs Act, since Defendant A sold the said call E with the explicit or implied instruction from the pharmacist, including Defendant B, etc.

2. Determination

A. The Pharmaceutical Affairs Act stipulates that no person, other than a pharmacist or herb pharmacist, shall establish a pharmacy, and at the same time, prohibits the sale of drugs by those, other than a pharmacy founder or a pharmacist or herb pharmacist working for the relevant pharmacy, in principle.

(Article 20(1) and the main text of Article 44(1) of the Pharmaceutical Affairs Act. The purport of the Pharmaceutical Affairs Act is to ensure that the sale of medicines is considerably affected by the public health and thus it is inappropriate to leave the sale to the public’s free will. Therefore, a pharmacist or a pharmacist who is qualified through a certain test is generally prohibited.