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(영문) 청주지방법원 2020.04.23 2019고단2355
약사법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

Despite the fact that the Defendant was not a pharmacy founder, from December 26, 2016 to August 2, 2017, the Defendant advertised the Defendant’s house located in Seocheon-si B with the purpose of selling Eppine salt, etc., on the Internet website, and contacted with an unspecified number of people and text messages, etc., and sent the text and sales proceeds of the prescription to an unspecified number of people and text messages, etc., and sold the prescription drugs to a bank account (E) in the name of the Defendant by selling the prescription drugs in the way that the suppliers in the name are supplied to the unspecified number of people, and sold the drugs of approximately KRW 48,819,400 in the name of the Defendant by selling the prescription drugs to a bank account (E) in the name of the unspecified number of people as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. An output of a message selling medicines;

1. Investigation report (verification of the efficacy, directions, etc. of Epdrid infections);

1. Application of Acts and subordinate statutes to data confirming details of sales of drugs among details of transactions of D banks;

1. Article 93 (1) 7 and Article 44 (1) of the Pharmaceutical Affairs Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The Defendant’s crime of this case, which arbitrarily sold a large quantity of drugs without the reason of sentencing or license under Article 62-2 of the Social Service Order Act, shall be determined in consideration of the following: (a) since the nature of the crime or the criminal administration may cause considerable harm to the people’s health; (b) it is not easy that the Defendant committed the crime in a timely fashion, and (c) it is against the Defendant’s depth before control over the crime, and (d) it seems that he was in a sound occupation and support for his family by marriage.

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