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(영문) 서울서부지방법원 2017.10.25 2017고단2083
약사법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a representative director of the FF corporation with the purpose of manufacturing and wholesale and retailing medicines.

1. Any person who intends to engage in the business of manufacturing medicines shall have necessary facilities in accordance with the facility standards prescribed by Presidential Decree and obtain permission from the Minister for Food and Drug Safety, as prescribed by Ordinance of the Prime Minister;

The Defendant did not obtain permission to manufacture medicines from the Minister of Food and Drug Safety, from around January 2013 to around January 2017, and manufactured a total of 200 square meters of “H”, which is a liquid medicine, in a method of manufacturing after adding 8/100 of 8/100 of the upper floor, by mixing Maineasium, calasium, iron powder, sulfur oxide, salt, brinium, and brinium, with 20 times high temperature of 120 degrees high temperature and 10 hours high temperature of 120 degrees high temperature.

2. No person other than a pharmacy founder may sell (including conferment) drugs;

Notwithstanding the fact that the Defendant was not a pharmacy founder, around July 2014, sold the sum of 10,200,000 won from July 14, 2014 to January 12, 2015 by receiving 1,20,000 won in total from the Defendant’s account, i.e., a drug with 'H' and 'H', which is a drug manufactured by the same method as the above 1).

In addition, the Defendant sold “H” over eight occasions from July 14, 2014 to September 20, 2016, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Police statements made to J, K, L, M, N, orO;

1. Police seizure records;

1. Examination data, opinions, and evaluation results of the National Institute of Scientific Investigation;

1. Investigation reports (report on the results of inquiries as to whether permission for the manufacture of medicines and for items has been obtained);

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