Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Punishment of the crime

Defendant

A is an employee of the D Pharmacy, and Defendant B is the founder of the D Pharmacy.

Notwithstanding that no person other than a pharmacy founder may sell or obtain drugs for the purpose of sale:

1. Defendant A, around 14:54 on January 13, 2014, sold to male customers, who find the pharmacy in the name of a man who is not qualified as a pharmacist at the D pharmacy located in Changwon-si M&S E, and sold to 2,000 won, an over-the-counter drugs, to a male customer who found the pharmacy in the name of a person who is not a pharmacy founder;

2. Defendant B, at the same time and place as referred to in the preceding paragraph, committed an act of violation as referred to in the preceding paragraph against his employee.

Summary of Evidence

1. A written accusation and a written statement;

1. Application of USB video-related Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) Defendant A: Article 93 (1) 7 and Article 44 (1) of the Pharmaceutical Affairs Act (Selection of Fines);

(b) Defendant B: Articles 97, 93(1)7, and 44(1) of the Pharmaceutical Affairs Act (Selection of Fines);

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Determination on the Defendants and their defense counsel’ assertion under Article 334(1) of the Criminal Procedure Act

1. Defendant A’s assertion did not violate the Pharmaceutical Affairs Act, since Defendant A sold the said call E with the explicit or implied instruction from the pharmacist, including Defendant B, etc.

2. Determination

A. The Pharmaceutical Affairs Act stipulates that no person, other than a pharmacist or herb pharmacist, shall establish a pharmacy, and at the same time, prohibits the sale of drugs by those, other than a pharmacy founder or a pharmacist or herb pharmacist working for the relevant pharmacy, in principle.

(Article 20(1) and the main text of Article 44(1) of the Pharmaceutical Affairs Act. The purport of the Pharmaceutical Affairs Act is to ensure that the sale of drugs is likely to affect the national health, and thus, it is inappropriate for the public to leave the sale of drugs to the public’s free will. As such, it generally prohibits the sale of drugs by releasing general prohibition only to pharmacists or herb pharmacists who are qualified through a certain test.