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(영문) 서울서부지방법원 2016.02.05 2015고단2715
약사법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by a fine for 10,000,000 won, and a fine for negligence for Defendant B shall be punished by 10,00,000 won.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. (hereinafter referred to as “B”) is a corporation that manufactures and sells “F shampoo and rinse”, which is a product other than medicine in Hanamsan-gun, and Defendant A is the representative director of B, and G is the president of B.

1. Defendant A

(a) No person who occupies a false or exaggerated advertisement shall make a false or exaggerated advertisement about the name, manufacturing method, efficacy, or performance of a drug, etc.;

Nevertheless, at around July 2014, the Defendant, in collusion with G, advertised “H shampoo and food” products, which are non-pharmaceuticals, through TV home shopping channels, “I.” A. In fact, the Defendant placed 19 herbs added as secondary ingredients in a lump sum and manufactured “mix extraction,” and made the said shampoo and shamper amount individually in line with their respective characteristics. As such, the Defendant made a false advertisement as if the above herbs were more performance than other products and have excellent effects, such as “the prevention of debris,” and “ma,” and then made a false advertisement as to “H shampoo and food,” which are non-pharmaceuticals, through TV home shopping channels such as “I,” etc., 46 times in total from that time to May 2015.

B. (1) When manufacturers of drugs, etc. manufacture drugs, etc., they must accurately manufacture them in accordance with the manufacturing management guidelines, product standards, etc.

Nevertheless, the Defendant, at around 2012, manufactured and sold non-pharmaceuticals of F shampoo and liquid medicine at the above B’s place of business, and did not manufacture products by “mix extraction” as stated in paragraph (1) unlike the product standard form, and did not manufacture them according to the product standard form. From around that time to May 2015, the Defendant violated the manufacturer’s obligations by manufacturing non-pharmaceuticals of KRW 55,00,00, total market price of KRW 91,80,970,90,90, and not manufacture them accurately in accordance with the product standard form.

(ii).

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