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(영문) 수원지방법원 성남지원 2018.04.25 2018고단148
약사법위반등
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around May 2016, Defendant B, who is not a pharmacist, conspired to establish and operate a pharmacy by lending a pharmacist’s license from Defendant A.

Accordingly, the Defendants, around May 20, 2016, equipped with the pharmacy facilities such as a dispensary at “F pharmacy” in Asan-si, Asan-si, equipped with a large number of drugs, such as Luxembourg, and in fact, established and operated a “F pharmacy” in Defendant A’s name even though Defendant B’s pharmacy was established and operated, and operated the said pharmacy from that time until October 2016.

As a result, the Defendants conspired to establish a pharmacy by Defendant B, not a pharmacist.

2. Defendant B

A. A. Violation of the Pharmaceutical Affairs Act (1) Although a person is not a pharmacist (G pharmacy) but is not a pharmacist, H was unable to establish a pharmacy. On March 25, 2015, H conspiredd with a pharmacist to lend a pharmacist’s license from A to install and operate a pharmacy, and subsequently, he was equipped with pharmacy facilities, such as a dispensary, etc. to prepare medicine at Seosan-si I. However, H established “G pharmacy” in the name of A despite the fact that H established and operated a pharmacy.

around August 2015, the Defendant issued KRW 20 million to H and taken over the above pharmacy, and subsequently, the Defendant set up and operated the above pharmacy from around December 2015 to around December 2015 by giving KRW 2,50,000 per month in return for granting a license.

As a result, the Defendant conspired with A to establish a pharmacy even if it is not a pharmacist.

2) Although the Defendant was not a person who established a non-qualified pharmacy or a person who established a non-qualified drug sales shop, the Defendant sold a prescription prescription drug set at the above F pharmacy around 16:00 on June 13, 2016 to customers.

B. On October 31, 2017, the Defendant violated the Pharmaceutical Affairs Act against Suwon District Court 1, 2017 High Court 2065 High Order 2065 J, 2065, in the case where the Defendant violated the Pharmaceutical Affairs Act, in accordance with the law of Sung-nam Branch of the Suwon District Court 451, as it was corrected by Sung-nam Si, Sungnam-si.

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