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(영문) 대구지방법원 2016.05.27 2016고정742
약사법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” of telecommunications sales business in Daegu-gu, Nam-gu.

1. No person shall sell imported drugs that have not been permitted or reported to the Minister of Food and Drug Safety;

Nevertheless, at the above C office from around December 9, 2015 to February 24, 2016, the Defendant: (a) sold to a consumer who ordered the above C office with an order of a drug advertisedd by a domestic consumer via his/her D website, through his/her family member in Japan, the Defendant purchased the drug through his/her family member in Japan; and (b) did not directly distribute it to the orderer; and (c) sold 304,770,000 won of the Japanese pharmaceutical drug “levere-friendly knive knive knives” (hereinafter referred to as “levern knive kn”) and 80,000 won of the 80,000 won amount.

2. Imported drugs shall be permitted or reported to the Minister of Food and Drug Safety for each item, and no one shall advertise the names, manufacturing methods, efficacy, or performance of drugs unless he/she has obtained permission or has filed a report thereon;

Nevertheless, the defendant 1 at the same date and place as the above 1.3, and at the same time and place, he did not obtain marketing approval or report as medicine in the Republic of Korea.

E. L. L. L. L. L. L. L. L. 15 g, L. L. L.W.

Man Lel Creamlock 15g, 'C'

Man his product was advertised with the name of each product and the content that it has an effect on medical treatment in advertising the product on the D site that he operates.

Accordingly, the defendant advertised the name, efficacy, and performance of Japanese medicine without obtaining permission or filing a report in Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of control officials;

1. Sales details;

1. Investigation report [Attachment of C’s website advertising printed materials], and advertising printed materials on the “C”’s operating site;

1. Report of investigation (c);

It can be confirmed that the class 3 kind of Madern medicine is a drug.

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