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(영문) 부산지방법원 2016.04.01 2015고정4177
약사법위반
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person other than a pharmacy founder shall sell or acquire drugs for the purpose of sale.

Even if the Defendant was not a pharmacy founder, the Defendant purchased at KRW 95,00 of the “St” 1 sets, which is a drug, from a person who supplied a drug, whose name is unknown on October 20, 2014 on or around 20, to KRW 95,00, and acquired KRW 607 prescription drugs of KRW 10,00 in total, such as the following: (a) around October 20, 2014 to February 20, 2015; (b) from around 43 occasions, the “Stt”; (c) “Lenk owner”; (d) “Lenk owner”; (d) “Lenk Kick owner”; (e) “Adela State”; and (e) “unened Soviet” as indicated in attached Table I, for the purpose of selling KRW 48,670,60,00.

In addition, even though the Defendant is not a pharmacy founder, the Defendant received an order through consultation with the Internet page page of the Internet NVV “Meeting of National Nursing Assistants” and “sharing of Chinese information,” and sold 10 sets of “Trut”, which is a prescription drug, to B around November 4, 2014, in the manner of delivering the prescription drugs using the post office line, and then selling 1,420,000 won, which is a prescription drug, to B around 64 times from October 16, 2014 to February 23, 2015, the Defendant sold 373 sets of prescription drugs totaling 48,239,50 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A written statement prepared by the defendant

1. Police seizure records and list of seizure;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

1. Article 93 of the Pharmaceutical Affairs Act applicable to the facts constituting an offense, and Articles 93 (1) 7 and 44 (1) (including inclusive) of the same Act and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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