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Defendants shall be punished by imprisonment for four months.
However, each of the above defendants is against the defendants for a period of one year from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. No person, other than a defendant A pharmacist or herb pharmacist, shall establish a pharmacy;
Although the Defendant is not a pharmacist or herb pharmacist, from October 1, 2010 to June 14, 2017, the Defendant operated a pharmacy by borrowing a pharmacist’s license from a pharmacist’s license to a pharmacist who employs B as an employer of the above pharmacy.
2. Defendant B’s license shall not be lent to another person;
Nevertheless, the Defendant: (a) from October 11, 2010 to June 14, 2017, from “F pharmacy” as stated in the foregoing paragraph 1, the Defendant obtained monthly wage from “A without a pharmacist; and (b) lent a pharmacist’s license to the said A during the said period; and (c) the Defendant manufactured and sold drugs under employment of the said pharmacy.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement of the police statement related to G;
1. Requests for cooperation in each investigation, certified copy of the registry, copy of pharmacist's license, copy of the detailed statement of deposit transactions in each Nonghyup Bank account, and application of statutes on deposit transactions;
1. Relevant Article of the Act and the choice of punishment for the crime;
A. Defendant A: Article 93(1)2 and Article 20(1) of the Pharmaceutical Affairs Act; Articles 93(1)2 and 20(1) of the same Act; Articles of imprisonment;
B. Defendant B: Article 93(1)1 and Article 6(3) of the Pharmaceutical Affairs Act; Article 93(1)3 of the same Act; Article 6(3) of the same Act;
1. Article 62(1) of the Criminal Act (see, e.g., the age of the Defendants, criminal records, business period, etc.)