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(영문) 서울남부지방법원 2013.10.28 2013고정2973
약사법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates the Cart in Geumcheon-gu Seoul Metropolitan Government.

1. A person who intends to import drugs, etc. shall obtain permission or report from the Minister of Food and Drug Safety for each item;

Nevertheless, around May 1, 2013, the Defendant imported goods from the Incheon Open Port located in Jung-gu Incheon Metropolitan City, 1,000 Scambling, and 100 Scambling purchased from China, without obtaining permission from the competent authority or filing a report, by means of hiding it within the Defendant’s travel bags and entering Korea at his own discretion.

2. No one shall sell, store or display for sale drugs, etc. imported without obtaining permission from, or filing a report with, the competent authorities;

Nevertheless, from May 2013 to June 12, 2013, the Defendant stored the food store in the above food store with a view to selling 940 flusium and 52 flusium.

Summary of Evidence

1. Statement by the defendant in court;

1. Written confirmations of the business owner of D;

1. Records of seizure and the list of seizure;

1. Copy of business registration certificate;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant legal provisions concerning facts constituting an offense, Articles 93 (1) 5, 42 (1) of the Pharmaceutical Affairs Act (which imports medicines without permission and reported), Articles 93 (1) 10, 61 of the Pharmaceutical Affairs Act (which store medicines imported without permission and reported), and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Article 48 (1) 1 of the Criminal Act for forfeiture;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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