Text
Defendant
A Imprisonment of eight months, Defendant C shall be punished by imprisonment of six months, and Defendant B shall be punished by fine of three thousand won.
Defendant .
Reasons
Punishment of the crime
1. The drug wholesaler of the defendant A shall employ a pharmacist and have him manage the affairs thereof;
Defendant A, a drug wholesaler, is legitimate to directly manage his duties as a pharmacist, but Defendant A is not a pharmacist.
Nevertheless, on August 7, 2012, the Defendant: (a) leased a pharmacist’s license; (b) opened an animal medicine wholesaler, “H” in Chuncheon-si G; (c) sold drugs worth KRW 77,385,200 in total to customers who found the above H from August 7, 2012 to September 19, 2014, including selling 3,600 won to I, a customer, who found him/her from the above H, with no pharmacist, without managing his/her duties.
As a result, the defendant did not manage the affairs of a pharmacist and operated a drug wholesaler.
2. Although Defendant B was unable to lend his/her license to a person who obtained a pharmacist’s license from the Minister of Health and Welfare, Defendant A, who runs the above H from August 7, 2012 to September 19, 2014, received KRW 1,000,000 per month from August 7, 2012, and lent his/her pharmacist’s license (number: J).
3. The drug wholesaler of the defendant C shall employ a pharmacist to administer the affairs of the pharmacist.
Defendant C, a drug wholesaler, is legitimate to directly manage his duties as a pharmacist, but Defendant C is not a pharmacist.
그럼에도 불구하고 피고인은 약사인 D의 면허를 대여받아 2013. 6. 10. 춘천시 K에서 ‘L’이란 상호로 동물의약품도매상을 개설한 후, 약사를 두고 업무를 관리하지 아니한 채, 피고인의 종업원인 M가 2014. 8. 18. 위 L에서 그곳을 찾은 손님인 I에게 캐니샷DHPP 항생제를 8,000원에 판매하는 등 2013. 6. 10.부터 2014. 8. 28.까지 위 L을 찾은 손님들에게 합계 48,557,760원 상당의 의약품을 판매하였다.
Accordingly, the defendant does not manage the affairs of the pharmacist and does not sell medicines.