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(영문) 창원지방법원 2019.07.17 2018고단2479
약사법위반
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

A person who intends to engage in the business of importing drugs, etc. shall report the import business to the Minister of Food and Drug Safety, as prescribed by Ordinance of the Prime Minister, and obtain permission for each item or file a report thereon

In addition, drugs may not be sold or acquired for sale by a person other than a pharmacy founder.

The Defendant, in collusion with B, who is the spouse of Vietnam’s nationality, decided to illegally import and sell SPtons through Vietnam, notwithstanding the absence of the fact that a pharmacy was established without obtaining permission from the Minister of Food and Drug Safety. On October 30, 2017, the Defendant posted abortion sales information imported from D mobile phone E in Vietnam at the residence of Kimhae-si, Kimhae-si, and sold the said UPP lease tonnage at KRW 300,000 ( KRW 1,50,000) to F, who received 30,000,000 from around that time, from around 131 to June 6, 2018.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A report on criminal intelligence, a report on investigation (specific suspect), a report on seizure, an Internet summary description, reply to request for cooperation by the Ministry of Food and Drug Safety, and a written appraisal;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant legal provisions concerning facts constituting an offense, Articles 93 (1) 5 and 42 (1) of the Pharmaceutical Affairs Act, Article 30 of the Criminal Act, Articles 93 (1) 7 and 44 (1) of the Pharmaceutical Affairs Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act (the sales of drugs, which are not a pharmacy founder), and Article 30 of the Criminal Act, the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act, the crime of this case is committed in the national health and sound distribution order of medicines.

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