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(영문) 대전지방법원 2015.03.05 2014고단3640
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

On March 31, 1995, the Defendant obtained a pharmacist’s license B with the Minister of Health and Welfare’s license on March 31, 1995, and registered as a pharmacist at Sejong Special Self-Governing City C on September 8, 2001.

Where a pharmacist intends to prepare a drug by substituting the drug in a prescription slip issued by a doctor or dentist with a drug of the same ingredients, content and dosage form, he/she shall obtain prior consent of the doctor or dentist who has issued the prescription slip, and where the Minister of Food and Drug Safety deems that biological equivalence exists (including a drug that proves biological equivalence through a medical experiment using no living body because of the need to conduct a medical experiment using a living body or of the impossibility to do so), he/she may prepare a substitute drug without prior consent of the doctor or dentist who has issued the prescription slip.

If the pharmacist prepares alternative medicines instead of the medicines entered in the medical prescription, he/she shall notify the doctor or dentist who has issued the medical prescription of the contents of alternative medicines within one day (if there are unavoidable reasons, within three days).

Nevertheless, from May 1, 2009 to April 30, 2012, the Defendant: (a) prepares alternative drugs with Aroxa [Mychro (Colon) (Mychcocolon) and Acslon (Nexcocococolon) and Accos (Nexcos Korea) on drugs entered in a prescription issued by his/her will without the above consent; (b) prepares alternative drugs with Eccos (Mychcos Korea) and Alccos (Mychcos Korea) (Mychcos Ltd.) and Alccos (Mychcos Ltd.) and Eccos (Cos., Ltd.), and prepares alternative drugs with Eccos (Cos., Ltd.) and Eccostecos (Cos., Ltd.), five meters (Mychcostecos, five meters (10m Eccostecos, fivemnicostecos) and fivemnicoscos, fivemccos, fivemnicoscos, five (10mtecostecostecos)) and fivem.).

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