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(영문) 창원지방법원 통영지원 2016.06.24 2015고정544
약사법위반
Text

Defendants shall be punished by a fine of KRW 1,500,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

【Criminal facts】 Defendant A is an employee of the former E pharmacy, and Defendant B is a pharmacist who operates the E pharmacy.

1. No person, other than Defendant A pharmacy founders (including pharmacists or herb pharmacists working for the relevant pharmacy) shall sell drugs;

On December 29, 2014, the Defendant sold the amount equivalent to KRW 5,000 per head of a capsule, 1 Mod Syp, Mod Syp, to customers G at E pharmacy located in F at a macro-si on December 29, 2014, even though the Defendant was not a pharmacy founder.

2. Defendant B committed an act of violation as described in paragraph (1) by an employee, at the time, and at the place specified in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness G;

1. A H statement;

1. A copy of a drug license information statement, each accusation letter, sales drug photograph, and pharmacy establishment registration certificate;

1. Application of CD image Acts and subordinate statutes

1. Article 93(1)7 and Article 44(1)4(2)4 of the former Pharmaceutical Affairs Act (amended by Act No. 13114, Jan. 28, 2015; hereinafter the same shall apply): Defendant B: Articles 97, 93(1)7, and 44(1)4 of the former Pharmaceutical Affairs Act (amended by Act No. 1314, Jan. 28, 2015; hereinafter the same shall apply);

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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