Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is a herb doctor from March 2, 2001, who has been operating the "Korean Medical Center C in Jeju."

No person other than a pharmacy founder may sell drugs or acquire drugs for the purpose of sale.

However, even if the Defendant is not a pharmacy founder, around April 24, 2012, the Defendant sold at KRW 10,000 to D, a patient, two KMpgel (100 mllllll) registered as an over-the-counter medicine at the above Council member.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the details of E preparation;

1. Application of Acts and subordinate statutes concerning medical records (D);

1. Relevant provisions of the Pharmaceutical Affairs Act concerning criminal facts and Articles 93 (1) 7 and 44 (1) (Selection of Fine) of the same Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserted that the act recorded in the facts constituting the crime of the defendant's defense counsel does not constitute an act of selling medicines requiring establishment of a pharmacy

Article 8 of the Addenda to the Pharmaceutical Affairs Act (amended by Act No. 8365 of Apr. 11, 2007) provides that, as an exception to the principle of preparation of medicines by pharmacists and herb pharmacists, herb doctors may directly prepare herb drugs and herb drugs they use for treatment. Meanwhile, Article 2 subparag. 11 of the Pharmaceutical Affairs Act provides that "the term "preparation of medicines" means preparing medicines for the purpose of treating or preventing specific diseases of a specific person in accordance with a specific usage by mixing two or more drugs or dividing one medicine into certain quantity according to a specific prescription."

According to the above provisions, in order to allow the preparation of a drug by an oriental medicine doctor, it is necessary to "mix more than one drug or divide one drug into a certain quantity."

However, according to the above evidence, the above evidence is examined.