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(영문) 서울중앙지방법원 2016.03.31 2015고단7000
약사법위반
Text

Defendant

A Imprisonment of 1 year and 4 months, Defendant B’s imprisonment of 8 months, Defendant C and D shall be punished by a fine of 5,00,000, and Defendant E.

Reasons

Punishment of the crime

1. Defendant A and B’s joint crime is not a pharmacist, but Defendant B employed Defendant B as a pharmacist, and caused Defendant B to establish and register the name of the pharmacy at Jongno-gu Seoul Jongno-gu SeoulJ (K) as “L pharmacy” on April 1, 2013. While taking charge of the purchase, etc. of drugs at the above pharmacy, Defendant B managed and operated the above pharmacy from around that time to June 30, 2014, and Defendant B received wages from Defendant A during the said period and took charge of preparation and sales of medicine.

As a result, the Defendants conspired to establish a pharmacy in violation of the prohibition of establishing a pharmacy by a person other than a pharmacist.

2. Although Defendant A and C’s joint criminal act is not a pharmacist, Defendant C employed Defendant C as a pharmacist, and caused Defendant C to establish and register a pharmacy with the name of the pharmacy “L pharmacy” at the place as of July 1, 2014, and Defendant C operated the above pharmacy from around that time to November 30, 2014, while taking charge of the purchase, etc. of medicine at the above pharmacy, and Defendant C received wages from Defendant C during the said period and took charge of preparation and sales of medicine.

As a result, the Defendants conspired to establish a pharmacy in violation of the prohibition of establishing a pharmacy by a person other than a pharmacist.

3. Although Defendant A and M (a separate criminal defendant; hereinafter the same shall apply) are not a pharmacist, Defendant A employed a pharmacist as a pharmacist, and had M establish and register a pharmacy with the name of the pharmacy "P pharmacy" in Jongno-gu Seoul N (O) around November 11, 2013, and operated the above pharmacy from around that time to June 24, 2014, while taking charge of the affairs of purchase, etc. of medicine at the above pharmacy, and M received wages from Defendant A during the above period and took charge of preparation and sales of medicine.

As a result, the Defendants conspired to commit a violation of the prohibition of establishing a pharmacy by a person other than a pharmacist.

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