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(영문) 서울중앙지방법원 2013.11.29 2013고정5260

약사법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who sells a medical device, beauty art device, beauty art material, etc. under the trade name “D” from 8090 of the 8th floor of Songpa-gu Seoul Metropolitan Government building.

Any person other than a pharmacy founder shall be prohibited from selling drugs or acquiring drugs for the purpose of selling them, and from selling drugs imported without reporting on import or obtaining permission, or from acquiring or keeping them for the purpose of selling them.

Nevertheless, from June 24, 2010 to July 1, 2013, the Defendant purchased a total of 785 anesthesia drugs, which were imported from “F” companies selling medical appliances operated by E for the purpose of selling to unspecified customers, and cosmetic materials, without filing an import declaration, from “F,” and sold them to unspecified customers around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. A copy of the third protocol of suspect examination of E by the police;

1. The police statement concerning G;

1. A list of transactions;

1. Application of Acts and subordinate statutes of photographs of drugs;

1. Article 93 (1) 7, Article 44 (1), Article 93 (1) 10, Article 61 (1) 2, and Article 42 (1) of the Pharmaceutical Affairs Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant alleged that he purchased and sold anesthesia drugs “in excess of ston” and anesthesia drugs “45” from E. However, at the time, the Defendant was aware that the said products were simply “gluent”, and did not know whether they were anesthesia drugs.

2. The following circumstances acknowledged by the evidence revealed earlier, namely, ① the Defendant engaged in the repair business of medical devices, etc. and sold narcotics for a considerable period of time, and ② the aforementioned circumstances.