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(영문) 서울서부지방법원 2017.05.17 2016고합389
보건범죄단속에관한특별조치법위반(부정의약품제조등)등
Text

Defendant

A Imprisonment of two years and six months and fine of 3,640,000,000 won, Defendant B’s imprisonment of one year and six months and fine of 54,00,000 won.

Reasons

Punishment of the crime

Defendant

A From October 24, 2007, from around October 26, 2009, from the Seocho-gu Seoul Metropolitan Government K, from around October 26, 2009, A served as the president of the “M Hanwon” on each of the Gangnam-gu L and the first floor. Defendant B served as the president of the “O Hanwon” located in the Daegu Seogu N, Daegu, and Defendant C served as the president of the “C Hanwon” located in the first floor of the P building in Seodaemun-gu Seoul Metropolitan Government.

1. Defendant A

(a) A person who intends to import drugs, etc. shall obtain permission from or report to the Minister of Food and Drug Safety for each item, as prescribed by Ordinance of the Prime Minister;

Nevertheless, the Defendant, without obtaining the above permission or filing a report from November 8, 2008 to January 18, 2014, imported over 15 times the sum of KRW 1,05,176,50,00 in total of 1,05,00,00 from China, consisting of herb materials, such as yellow, ginseng, shot, shot, shot, and astronomical powder, from China, and used as the raw materials for urology treatment chemicals, and imported over 15 times the sum of 1,05,05,00 in total of 1,05,00.

(b) Any person who intends to engage in the business of manufacturing medicines shall be equipped with necessary facilities in accordance with the facility standards prescribed by Presidential Decree and obtain permission from the Minister of Food and Drug Safety.

Nevertheless, the Defendant manufactured medicines to be used as urine therapy in total 3,399 kilograms over 57 times in total, by making the aforementioned S and T mixed with the medicinal herbs purchased by the Defendant in the color concentration powder, which is an imported medicine, from around March 10, 2009 to December 8, 2015, and in U Division of T (from around August 2012), without obtaining the above facilities or permission, from around March 10, 2009, and from around July 2015.

In addition, the Defendant, around March 10, 2009, puts “transfer” manufactured at one Council member located in the above K into a plastic box 300g each of the above 300gs, and then puts one of them into a plastic box.

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