Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 500,000, respectively.

The above fines are imposed by the Defendants.

Punishment of the crime

Defendant

A on December 11, 1998, a person who establishes and operates a F Pharmacy located in Gwangju Northern-gu E, and Defendant B is a person who works for the above F pharmacy as an employee.

1. On January 14, 2014, Defendant A sold drugs to G who visited a pharmacy “one disease due to refined drugs,” which is an over-the-counter drugs without a pharmacist’s license, despite the fact that the Plaintiff was not a pharmacy founder or a pharmacist working for the pertinent pharmacy.

2. On January 14, 2014, Defendant B sold drugs to G who visited a pharmacy “one disease”, which is an over-the-counter medicine without a pharmacist’s license, notwithstanding that the Plaintiff was not a pharmacy founder or a pharmacist working for the pertinent pharmacy.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of the police suspect interrogation protocol against the Defendants

1. A certificate;

1. Certificate of pharmacy establishment registration;

1. Application of Acts and subordinate statutes on video data;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 97, Article 93 subparag. 7, and Article 44(1) of the Pharmaceutical Affairs Act (Selection of Fines);

(b) Defendant B: Subparagraph 7 of Article 93 and Article 44(1) of the Pharmaceutical Affairs Act (Selection of Fines);

1. Determination on the Defendants and defense counsel’s assertion under Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014)

1. The Defendants and the defense counsel asserted to the effect that Defendant A was taking a break in the rest room in a pharmacy at the time, but all of the circumstances was identified at the time, and Defendant B was selling the right to refund under the actual direction of Defendant A.

The following circumstances, i.e., the evidence duly adopted and examined by this Court (in particular the video data) are met: (i) when the defendant B is in accordance with the mixed pharmacy, G entered the pharmacy and the defendant B.