Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for one year.

However, this judgment is delivered to Defendant A.

Punishment of the crime

1. Defendant A pharmacist’s license shall not be lent to another person;

Nevertheless, from June 3, 2013 to January 7, 2014, the Defendant lent his pharmaceutical license to B, and had B establish and operate “G pharmacy” in the name of the Defendant in the Nam-gu Incheon Metropolitan City, and the first floor.

Accordingly, the Defendant lent his pharmaceutical license to B.

2. Defendant B

(a) No person other than a pharmacist or herb pharmacist shall establish a pharmacy;

Although the Defendant is not a pharmacist or herb pharmacist, as described in the foregoing paragraph (1), established and operated the said “G pharmacy” in the name of A from June 3, 2013 to January 7, 2014, by lending a pharmacist’s license from the above A from June 3, 2013.

(b) No person, other than a pharmacy founder, may sell drugs;

On January 7, 2014, the Defendant sold a capsule 120 caps, a pharmaceutical product, to non-patients, even though the “G pharmacy” was not a pharmacy founder in the above “G pharmacy” on January 7, 2014.

Summary of Evidence

1. Defendants’ respective legal statements

1. A statement prepared by H;

1. An investigation report (the results of inquiry of suspect A's cell phone calls), investigation report (the results of execution of a warrant of search and seizure verification), suspect A's statement of money time in G pharmacy, investigation report (the submission of the owner of a pharmacy building, report of the results of examination of a real estate lease contract), investigation report (the hearing report of witness I pharmacist's statement who operated the G pharmacy) and investigation report (the review report, such as the statement of entry into and departure from the pharmacy sales account and the statement of use of transportation cards used by A);

1. Pharmaceutical license, pharmacy establishment registration certificate, pharmacy right transfer contract, application of Acts and subordinate statutes; and

1. Relevant legal provisions concerning criminal facts and the defendant A who has selected a sentence: Article 93(1)1 and Article 6(3) of the Pharmaceutical Affairs Act; Article 93(1)2, Article 20(1) of the Pharmaceutical Affairs Act (which means the establishment of an unqualified pharmacy); Articles 93(1)7 and 44(1) of the Pharmaceutical Affairs Act (which means the sale of non-qualified drugs) and Article 93(1)7 of the same Act, respectively.