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(영문) 서울서부지방법원 2015.01.23 2014고단1626
약사법위반
Text

A defendant shall be punished by imprisonment with prison labor for not less than eight months and by a fine not exceeding thirty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On December 12, 2013, the Defendant was sentenced by the Seoul High Court to imprisonment with prison labor for a violation of the Act on Special Measures for the Control of Public Health Crimes and a fine of KRW 660 million on March 3, 2014, and the said judgment became final and conclusive on March 3, 2014.

A person who is not a pharmacy founder or drug wholesaler shall not sell drugs for the purpose of sale, and no person shall sell drugs manufactured, prepared, or imported without obtaining permission, or store or display them for the purpose of sale.

Nevertheless, on March 1, 2013, when the Defendant supplied Kwikset with illegal drugs imported from a person who was living in China without permission of 21 types, such as Swikset, and stored them in Eunpyeong-gu Seoul, the Defendant’s residential area, through Kwikset Service, and the Defendant sold approximately KRW 83,816,000,00, including sales of the items purchased by the buyer at the above residential area, around April 1, 2013, in a way that the purchaser packages the items he requested to purchase and ships them on a selective basis, if the purchaser’s name, address, product, and quantity are known through Kwikset, the Defendant sold them over a total of 1,296 times from April 1, 2013 to June 18, 2013, as indicated in the list of crimes.

Accordingly, the Defendant sold drugs in collusion with a person who was not a pharmacy founder or drug wholesaler, and sold medicines imported without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. Records and lists of police seizure;

1. An investigation report (a report on the investigation of the situation of the arrest of the sender of the non-Agra product) - a photographic output, such as an known lessee discovered at the time of arrest, and an investigation report (a report on investigation, such as the discovery, such as an known risk in the A's residence, and a non-agra), - a photograph output of the detection status, such as a non-Agra product kept

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