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(영문) 수원지방법원 평택지원 2016.09.22 2016고단1037
약사법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Part of pharmacy opening shall be prohibited from opening any pharmacy other than a pharmacist who violates the Pharmaceutical Affairs Act;

Nevertheless, the Defendant, who is not a pharmacist, has employed B as a pharmacist, prepared an application for the establishment of a real estate contract and a pharmacy in the name of B, and registered B’s bank account as a business operator, and B agreed to receive a certain amount of money from the Defendant as the price for the above act and the employee pharmacist, and the Defendant actually established and operated the pharmacy, but, as if B established and operated the pharmacy, conspired to establish the appearance of the Defendant, who is not a pharmacist.

The Defendant and B, according to the aforementioned public offering from January 24, 2015 to March 27, 2015, concluded that B shall pay 3 million won per month for the use of a pharmacist’s name, preparation of medicine, etc., and that B shall be employed as a pharmacist of the above pharmacy. The above pharmacy shall be equipped with the pharmacy’s facilities, such as a dispensary, sales of medicine, etc., and the above pharmacy shall be in charge of the overall operation of the pharmacy; B shall prepare the real estate agreement and the application for the establishment of a pharmacy in his/her own name; and B opened and operated the above pharmacy in a way that the Defendant opened a bank account in his/her name and opened the said pharmacy.

Accordingly, the Defendant conspiredd with B to establish a pharmacy in violation of the prohibition of establishing a pharmacy by a person other than a pharmacist.

2. No person other than a pharmacist who violates the Pharmaceutical Affairs Act shall prepare medicines for the portion of sales of unqualified medicines, and no person other than a pharmacy founder shall sell medicines;

Nevertheless, around 14:43 on April 27, 2015, the Defendant: (a) as his assistant, sold prepared drugs in 25,000, which correspond to 7 minutes to F, who appealed from the above D’s pharmacy to the above D’s license.

As a result, the Defendant sold medicines to a person other than a pharmacy founder.

Summary of Evidence

1. Statement by the defendant in court;

1. The defendant, E.

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