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(영문) 인천지방법원 부천지원 2018.12.20 2018고정563

약사법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person, other than a pharmacy founder, shall sell drugs or acquire them for the purpose of sale.

From September 30, 2017 to November 2017, the Defendant acquired drugs for the purpose of sale by obtaining a horse caps, which is an anti-friendly product used for diseases, such as bath and anti-fighting symptoms, depression, etc. in an influencous manner through display, from the name-free Chinese Party B, “B” in a non-flucencing space, from around September 30, 2017, by means of a flucencing, such as a flucule caps, a fluculing symptoms, a disguised fluculing fluor, a disguised fluencing fluor, and abrucing fluencing fluencing flus, etc., which are used for the reduction of heat consumption.

[The defendant and his defense counsel knew that there are many persons who advertise the drug of this case and sell the drug of this case, they received the drug for the test test for about one month of the tea of this case in order to identify the efficacy of the drug of this case by asking Chinese Eul for the first time, and they did not acquire the drug for the purpose of sale.

The argument is asserted.

However, according to the evidence duly adopted and examined by the court, the defendant had already advertised the Calart, and delivered the Calart to C, who is the branch of the Calpt. The defendant was delivered for the test as argued by the defendant.

Even if there was a customer to purchase through the advertisement, he/she had the intent to sell.

Comprehensively taking account of the fact that the Defendant appears to have acquired drugs for the purpose of sale.

Therefore, the defendant and his defense counsel's assertion is without merit.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and C;

1. Statement made by the police with regard to D;

1. Investigation report (verification prior to prescriptions), investigation report (application for search and seizure inspection warrant), and response to requests for appraisal;

1. A protocol of seizure and a list of seizure;

1. Each drug photograph;