beta
(영문) 인천지방법원 2017.04.20 2017고단1181

약사법위반

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

Despite the fact that a person, other than a pharmacy founder, was unable to sell drugs or obtain drugs for the purpose of sale, Defendant, other than a pharmacy founder, conspired to sell drugs (name of goods: F, G, H, and hereinafter “the instant drug”) containing a different knifine from knife as a prescription drug by advertising to the purport that “the sexual functional disorder of men, such as the development of spherbage and tidal wave,” and 100% natural drug ingredients “the 10% natural drug ingredients” with telephone orders from many unspecified persons.

According to the above public invitation, the Defendant received 80,000 won in the name of sale proceeds from I who reported and contacted the above advertisement from J to the Agricultural Cooperative account under the name of J in the name of the head of Tong in the presidential passbook (K). In addition, the Defendant sold the instant drug issued by the one-time bank by using the one-time bank line designated by the above I to deliver the instant drug to the designated address from September 22, 2015, and sold the instant drug in total of 4,757 times in total as shown in the list of crimes from September 22, 2015.

Accordingly, the Defendant sold drugs in collusion with one name D even though he was not a pharmacy founder.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. A report on internal investigation (F purchase of natural static proof materials), report on internal investigation (the phone number used for the crime), report on internal investigation (the website used by the person under investigation) (the website used for the crime), report on investigation (Attachment of sales details), report on investigation (execution of warrant of search and inspection), investigation report (the counter investigation of buyers);

1. A summary appraisal report;

1. Application of the Internet advertising statutes;

1. Relevant legal provisions concerning facts constituting an offense and the former Pharmaceutical Affairs Act (Act No. 13655, Dec. 29, 2015).

참조조문