1. Defendant A shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay a fine, 100.

Punishment of the crime

A pharmacy founder and a medical institution founder (including persons working for the relevant medical institution) shall be prohibited from performing any act having the potential of collusion, and transmitting a prescription to prepare drugs at a specific pharmacy by facsimile, etc., notwithstanding the absence of a request by the medical institution founder.

Nevertheless, Defendant A, the Director of the Council-General D's Office, in collusion with Defendant B, who is a relative to the operation of the E's pharmacy, at around July 23, 2012, sent to the E's pharmacy a prescription for a patient who is unable to prepare a drug directly at the pharmacy between Defendant B and his relative at the office of the Council-General D's office, and Defendant B, who is a relative with the Government-General D's office, in the event that Defendant B, in the course of being hospitalized, sent the prescription for the patient by facsimile, he would cause the patient to prepare the drug and bring the drug to the patient. On the 27th of the same month, Defendant B sent the prescription for the above member's doctor F's office to the E's pharmacy operated by Defendant B without the request of the possessor. Defendant B, including the preparation of the prescription for the drug from around 10 to September 24, 2012.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness I, J, K and L;

1. The investigation report (the confirmation of the details of preparation of medicine at the E pharmacy for the patients) and the application of statutes;

1. Relevant legal provisions concerning criminal facts and the Defendants’ choice of punishment: Articles 94 (1) 2 and 24 (2) 5 of the Pharmaceutical Affairs Act and Article 30 of the Criminal Act (Selection of Fine)

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. Defendant A of the provisional payment order: Article 334 (1) of the Criminal Procedure Act;

1. Suspension of sentence;