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(영문) 서울남부지방법원 2017.02.03 2016고단1879 (1)
약사법위반
Text

1. Defendant A shall be punished by imprisonment with prison labor for eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who works as a business employee at a corporation I (hereinafter referred to as "I") established for the purpose of manufacturing and wholesale and retailing medicine in Gangseo-gu Seoul Metropolitan Government H.

A person who has obtained marketing approval of drugs, importer, or drug wholesaler shall not engage in retailing of drugs or pharmacy founders, safety-non-pharmaceutical seller, herb pharmacist, drug business or drug wholesaler pursuant to Article 5 of the Addenda to the wholly amended Pharmaceutical Affairs Act (Act No. 8365), and other persons, other than those who are entitled to sell drugs pursuant to the Pharmaceutical Affairs Act, in order to establish a distribution system and maintain order in sales of drugs, etc.

Defendant

A receives a request from a hospital or nurse belonging to a public health clinic, etc., who is a customer of I to purchase medicines personally, and I, as if he supplies medicines to a hospital, such as a clinic within J, he/she has secured them by pretending to supply medicines to the hospital, and has the mind to sell them to the above nurse, etc.

Accordingly, Defendant A, at the above I office around March 11, 2013, listened to the phrase that Defendant A wishes to purchase “L” drugs from K, an employee of I, for personal purchase of “L” drugs, and sold L 11 L 1,028,50 won via the above K, which is a drug deducted in the above manner, to a non-name nurse via the above K, as shown in the attached list of crimes (1) from March 9, 2012 to June 29, 2015, Defendant A sold drugs of 2,423 times in total from March 9, 2012 to June 29, 2015 at KRW 520.

Accordingly, Defendant A, in collusion with the above K, sold medicines to persons other than those who can sell medicines.

Summary of Evidence

1. Defendant A’s legal statement

1. The defendant B's partial statement

1. The first, second, third, and fourth suspect examination protocol against Defendant A;

1. K. H.

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