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(영문) 수원지방법원 평택지원 2016.04.07 2016고단300
약사법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for one year.

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

Reasons

Punishment of the crime

1. No person, other than a pharmacist of a joint crime committed by the Defendants, may establish a pharmacy.

Nevertheless, Defendant A, who is not a pharmacist, prepared an application for the establishment of a real estate contract and a pharmacy under the name of Defendant B, and registered the bank account under the name of Defendant B as a business operator, and Defendant B agreed to receive a certain amount of money from Defendant A as the price for the above act and the employer, and in fact, Defendant A established and operated a pharmacy under the name of Defendant B, but, as if Defendant B established and operated a pharmacy, conspired to establish the appearance of Defendant A, rather than a pharmacist, by forming the appearance of Defendant B.

According to the aforementioned public offering, from September 25, 2012 to January 31, 2016, the Defendants agreed to pay Defendant B a 2.5 million won per month from the “G pharmacy” located in Pyeongtaek-siF to Defendant B for the use of the pharmaceutical name, preparation of medicine, etc., and employed Defendant B as a pharmacist of the above pharmacy. The above pharmacy is in charge of the overall operation of the pharmacy, such as the preparation of medicine, and the sales of medicine. Defendant B prepared a real estate agreement and the establishment of a pharmacy in his/her own name, and opened a bank account in his/her name and operated the above pharmacy in the manner of reporting to Defendant A.

As a result, the Defendants conspired to establish a pharmacy in violation of the prohibition of establishing a pharmacy by a person other than a pharmacist.

2. No person other than Defendant A may prepare medicines, and no person other than a pharmacy founder may sell medicines.

Nevertheless, around April 27, 2015, around 09:28, the Defendant sold prepared drugs to 31,000 won at KRW 10,00, to the slope H belonging to the Gyeonggi-do National Police Agency, which appeals to the pipe pains at the above G pharmacy.

From that time to January 13, 2016, the Defendant’s total nine times, such as the list of crimes in attached Form 1, from that time, to January 13, 2016.

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