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(영문) 의정부지방법원 고양지원 2015.03.10 2014고단1986
약사법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

A is a doctor who operates "F Council member" on the second floor of the Goyang-gu E building in Gyeyang-gu, Gyeyang-gu, and Defendant B is a wife of Defendant A.

No person other than a pharmacist shall establish a pharmacy.

Nevertheless, the Defendants, at the end of February 2012, when a pharmacist who operated the “H pharmacy” in G, which is a sponser of the above hospital, discontinued the above pharmacy, he directly acquired the above pharmacy at KRW 85 million, and subsequently, after employing the management pharmacist, reported the establishment of the pharmacy in the name of the said pharmacist, and then by managing the said pharmacy in an overall manner including fund management, such as paying the drug price of the said pharmacy.

On April 8, 2012, the Defendants employed Defendant A’s mother as a management pharmacist, and reported the establishment of the said “H pharmacy” in the name of Defendant A, and established and operated the said “H pharmacy” in the said manner from around that time to June 13, 2012, and continued to pay KRW 6.5 million per month to a pharmacist at around June 14, 2012, and made a report on the establishment of the said “H pharmacy” in the name of J, and established and operated the said “H pharmacy” in the said manner from around that time to July 29, 2013.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol of suspect examination of the police officer regarding I;

1. Application of Acts and subordinate statutes to each copy of the J’s written statement;

1. Article 93(1)2 and Article 20(1) of the former Pharmaceutical Affairs Act (Amended by Act No. 13114, Jan. 28, 2015); Article 30 of the Criminal Act (elective Selection of Fines) comprehensively for facts constituting an offense

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act, respectively, of the provisional payment order;

1. Whether the sentencing criteria are applied: since the sentencing criteria are those that are not set or sentenced to a fine, the sentencing criteria shall not apply;

3. Determination of sentence: The details and scale of each of the crimes in this case committed with a fine of three million won.

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