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(영문) 서울서부지방법원 2017.05.17 2016고합446
보건범죄단속에관한특별조치법위반(부정의약품제조등)등
Text

Defendant

A Imprisonment of one year and six months and fine of 6,340,000,000 won, Defendant B and C of a fine of 10,000,000 won, and Defendant B and C of a fine of 10,000 won.

Reasons

Punishment of the crime

Defendant

A is a person who actually operates the I pharmacy, etc. on the H and the second floor of Gangdong-gu Seoul Metropolitan Government H and without a herb pharmacist's qualification while operating the health source of "G" in Songpa-gu Seoul Metropolitan Government F, and Defendant B, C, D, and E are herb pharmacists, respectively.

1. No person, other than the pharmacists or herb pharmacists, shall establish a pharmacy that violates the Pharmaceutical Affairs Act of the defendant A, C, D, E, or B;

Nevertheless, without obtaining permission from the Minister for Food and Drug Safety, Defendant A, despite the absence of qualification as a herb pharmacist, has fully borne the installation expenses, public charges, wages, etc. of equipment and materials installed in the shop rental deposit, and paid approximately KRW 3 million through KRW 5 million per month, with intent to employ herb pharmacists, establish a pharmacy in his/her name, and sell multilateral medicine after opening the pharmacy in his/her name.

A. Defendant A and C conspired with Defendant A and C to commit the crime, from October 22, 2004 to September 27, 2012, at the Seoul Songpa-gu J and the second floor, Defendant A employed Defendant C, and established one K pharmacy in his/her name, and Defendant C responded to the telephone counseling of customers as if he/she prepared and sold multiple herb drugs.

As a result, Defendant A and C conspired to establish a pharmacy without qualification.

B. Defendant A and D conspired with Defendant A and D to commit the crime, from September 14, 2012 to October 13, 2015, Defendant A employed Defendant D and opened one pharmacy in his/her name after employing Defendant D, and Defendant D responded to the telephone counseling of customers as if they were to prepare and sell multiple herb drugs.

Accordingly, Defendant A and D conspired to establish a pharmacy without qualification.

(c)

Defendant

Defendant A and E committed a crime in collusion with Defendant A and E, from October 16, 2015 to January 2016, Defendant A and Defendant E on the Songpa-gu L and the second floor of Songpa-gu Seoul from October 16, 2015.

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