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(영문) 부산지방법원 2018.05.28 2018고정483
약사법위반
Text

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

Defendant

A fails to pay the above fine.

Reasons

Punishment of the crime

1. Defendant A is a representative director of a corporation that operates the wholesale distribution business of Han Medicine Co., Ltd. from July 17, 2014 to July 17, 2014.

Pursuant to Article 61(1) of the Pharmaceutical Affairs Act, no person shall sell, store, display for sale drugs in violation of Article 56 of the Pharmaceutical Affairs Act. However, during the period from February 2017 to July 2017, the Defendant sold five categories (D and D kinds) of oriental medicine products that are not entered in the product package by the name of the production area, among domestic oriental medicine specifications in the stock company B, for which the Defendant is the representative director, to the E-Tgu in Busan.

2. Defendant B is a juristic person established for the purpose of selling and distributing medicines.

As stated in paragraph (1), the defendant, a representative director of the defendant, sold medicines (one drug) in violation of the entries in the container, etc. concerning the defendant's business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes of the investigation report (not less than 3 times to 10) ;

1. Relevant legal provisions of the Criminal Act and subparagraph A of the option of punishment for the crime: Articles 93(1)10, 61(1)1, and 56 of the Criminal Act; Defendant B who choose a fine: Article 97 of the Criminal Act; Articles 93(1)10, 61(1)1, and 56 of the Criminal Act;

2. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act.

3. Defendants of the provisional payment order: each of the Defendants, Article 334(1) of the Criminal Procedure Act

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