beta
(영문) 부산지방법원 2014.11.20 2014고단4923

약사법위반

Text

Defendant

A A shall be punished by a fine not exceeding five million won, and Defendant B shall be punished by imprisonment with prison labor for eight months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A

A. Notwithstanding the fact that a person, other than a pharmacist or herb pharmacist, was unable to establish a pharmacy, the Defendant established and operated a G pharmacy under the name of H by lending a pharmacist’s license from H, from June 4, 2013 to June 19, 2013.

Accordingly, the defendant established a pharmacy even though he is not a pharmacist or herb pharmacist.

B. On September 5, 2013, around 20:18, the Defendant sold to the G pharmacy operated by the Defendant in Busan Northern-gu, a non-pharmaceutical, an over-the-counter customer who found the place and sold the 3,000 won of the 'Camnoice', which is an over-the-counter drug.

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

2. Although Defendant B, Defendant A’s pharmacist, or herb pharmacist is not possible to establish a pharmacy, the Defendants established and operated a G pharmacy in the above G pharmacy from June 25, 2013 to December 18, 2013, Defendant A paid 3.5 million won per month to Defendant B, a pharmacist, and Defendant B established and operated the G pharmacy in the name of Defendant B.

As a result, Defendants conspired to establish a pharmacy by Defendant A, not a pharmacist or herb pharmacist.

3. Defendant B’s license shall not be lent to another person.

Nevertheless, the Defendant, from December 19, 2013, at the JJ pharmacy located in Busan-gun, Busan-gun, to receive KRW 2.5 million per month from K as a pharmacist, and K had K establish and operate the above pharmacy under the name of the Defendant using the Defendant’s license.

Accordingly, the defendant lent the pharmacist's license to K.

Summary of Evidence

1. The defendants' legal statement (the defendant B is part of the defendant)

1. Each legal statement of a witness L or K;

1. Written statements;

1. The sequence 32,34 of each report on investigation and evidence list;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 93(1)2 of the Pharmaceutical Affairs Act, Article 20(1)30 of the Criminal Act, Article 93(1)7 of the Pharmaceutical Affairs Act, and Article 44(1) of the Pharmaceutical Affairs Act.