Defendants shall be punished by imprisonment for eight months.

Punishment of the crime

1. Defendant A

A. Although a non-pharmaceutical’s pharmacy is not a pharmacist or herb pharmacist, the Defendant, on December 201, opened and operated a pharmacy under the name of the E pharmacy located in Busan Metropolitan Government D, under the name of the pharmacist, and agreed to pay KRW 5 million per month to B in return for the operation of the pharmacy. From December 7, 2010 to February 3, 2014, the Defendant opened and operated a pharmacy under the name of the E pharmacy in the same place.

Accordingly, the defendant established a pharmacy even though he is not a pharmacist or herb pharmacist.

B. On October 29, 2013, around 08:55, the Defendant sold 2,500 won, an over-the-counter medication, to a customer who found the place at the above E pharmacy.

Accordingly, the Defendant sold medicines even though he is not a pharmacist.

2. Defendant B’s license cannot be lent to another person.

The Defendant leased a license to A with the same date and time as the above 1-A, and at the same place as that of the above 1-A, A without a pharmacist's license borrowed a pharmacist's license to establish and operate the said E-B

B. On March 1, 2014, the Defendant leased the F Pharmacy’s license: (a) at the former H pharmacy located in Busan, Busan, the Defendant established and operated a pharmacy in the name of the Defendant under the name of the pharmacist; and (b) agreed to receive five million won per month after being employed by I in return for the establishment and operation of the pharmacy; and (c) during the same period from March 18, 2014 to April 14, 201, I lent the F Pharmacy’s license to I to establish and operate the pharmacy in the name of the Defendant at the same place.

Summary of Evidence

1. Defendants’ partial statement

1. A protocol of suspect examination of I by the prosecution;

1. Written Statement;

1. Written accusation (Evidence Nos. 2);

1. Application of Acts and subordinate statutes (23, 34, 35, 40, 45, 50, 55, 59, 62, 68, 70, 75, 79, 82);

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

(a) Defendant A: Article 93 (1) 2, Article 20 (1) of the Pharmaceutical Affairs Act (the establishment of a non-pharmaceutical's pharmacy, subparagraph 7 of Article 93, and Article 44 (1) (the occupation of non-pharmaceutical's medicine sales and imprisonment);

B. Defendant B: each of them.