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(영문) 의정부지방법원 2021.02.01 2020고단4012
약사법위반
Text

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

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

Reasons

Punishment of the crime

Health Mack is textile, rubber products, or similar products used for the purpose of treating, alleviating, treating, or preventing human or animal diseases, which are designated by the Minister for Food and Drug Safety as non-pharmaceuticals, and used for the purpose of protecting respiratorys from sulfurous or infectious sources, such as yellow dust, fine dust, etc.

No person shall put a mark on a container, package, or package of non-pharmaceutical drugs, which is likely to mislead people to believe that they have efficacy, efficacy, etc., or advertise such mark, or sell, store, or display for sale, non-pharmaceutical drugs, other than those indicated or advertised similarly to the non-pharmaceutical drugs.

Nevertheless, from February 28, 2020 to March 2020, the Defendant sold the 'C' operated by himself, and 'C' 3,200 copies of general industrial products, from February 28, 2020 to February 20, 202, the Defendant sold the above Mack seller with a test sheet stating 'F94% or more of the Mack quality guarantee, KF, and powder 94% or more of the Mack', without being certified as the Food and Drug Safety Control Agency, the Defendant sold the said Mack to its customers by attaching a test sheet stating 'KF94% or more of the Mack' to the Mack which was certified as the Food and Drug Safety Agency.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A report on criminal investigation intelligence and data posted;

1. A copy of the results of examination of quality assurance;

1. Application of Acts and subordinate statutes to report internal investigation (a photograph published in the C test report);

1. Article relevant to the facts constituting an offense, and Article 93 (1) 10, Article 66, and Article 61 (2) of the Pharmaceutical Affairs Act (Selection of penalty) of the same Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the Defendant obtained the certification of the food and drug safety wife of general industrial products at the beginning of the 19 early maturity.

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