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(영문) 인천지방법원 2020.08.11 2020고단4523
약사법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. A person who intends to engage in the business of manufacturing quasi-drugs shall install necessary facilities in accordance with the facility standards prescribed by Presidential Decree and file a manufacturing report with the Minister of Food and Drug Safety, obtain marketing approval or a product notification for each item, and shall not sell non-pharmaceutical drugs manufactured without filing a report, or store or display them for sale;

Nevertheless, the defendant from February 13, 2020 to the same year.

3. Until December 23, 200, the Defendant’s management corporation in Seo-gu, Incheon, manufactured 184,980 pieces of 177,980 l,00 l,00 l,00 l,00 l,00 l, and 7,000 l,00 l,00 l,00 l,00 l,00 l,00 l,00 l,00 l,00 l,00 l,00 l, and sold them to domestic and foreign consumers.

2. Defendant B, as a management director of the Defendant, committed the same act of violation as set forth in paragraph (1) above in relation to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. A E-document;

1. Application of Acts and subordinate statutes to request an investigation of a violator of the Pharmaceutical Affairs Act, a certificate of registration of cosmetics manufacturing business, a certificate of registration of grandchildren manufacturing business, confirmation of quantity of goods sold and manufactured, a certificate of export declaration, and a certificate

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

(a) Defendant A: Articles 93(1)4 and 10, 66, 61(1)2, and 31(4) (the manufacture and sale of non-reported quasi-drugs) of the Pharmaceutical Affairs Act; the selection of fines;

(b) Defendant B: Articles 97, 93(1)4 and 10, 66, and 61(1)2 and 31(4) of the Pharmaceutical Affairs Act, respectively;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The manufacture and sale of non-pharmaceutical drugs without reporting or without permission for the sentencing of Article 334(1) of the Criminal Procedure Act by the public for each order of provisional payment (the defendants).

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