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(영문) 수원지방법원 2016.09.28 2016고정1681
약사법위반
Text

Defendant

A A A The fines of KRW 10 million, Defendant B and Defendant C of each fine of KRW 7 million, Defendant D and Defendant C.

Reasons

Punishment of the crime

No person other than a pharmacist shall establish a pharmacy.

1. Although G, who is not a pharmacist, employed the Defendant, who is a pharmacist, prepared an application for the establishment of a real estate contract and a pharmacy under the name of the Defendant, and opened a bank account and register it as a business operator’s account, and the Defendant agreed from G to receive a certain amount of money as the price for the above act and the wage for the employment pharmacist, and in fact, G established and operated a pharmacy, but he conspired to establish the pharmacy by means of forming the appearance as if the Defendant established a pharmacy.

According to the above public offering, from July 10, 2013 to February 1, 2016, G established and operated the above pharmacy in the name of the above pharmacy, with the payment of KRW 4.5 million per month for the use of the pharmaceutical name and the provision of profits, such as preparation of medicine, to the Defendant, and with the agreement to provide studio to the Defendant, and employed the above pharmacy as the pharmacist of the above pharmacy. In substance, the Defendant takes charge of the overall operation of the pharmacy, such as the sale of the drugs and the management of profits from the medicine. The Defendant prepared the said pharmacy’s real estate contract, the pharmacy establishment application, while the bank account in his name was opened and operated by keeping the said pharmacy account to G.

Accordingly, the Defendant conspireds with G to establish a pharmacy in violation of the prohibition of establishing a pharmacy by a person other than a pharmacist.

2. Nevertheless, the J, other than Defendant B, employs the Defendant who is a pharmacist, and then prepares an application for the establishment of a real estate contract and a pharmacy under the name of the Defendant, and register it with a bank account opened, and the Defendant forms the appearance as if the Defendant established and operated a pharmacy under the agreement to receive a certain amount of money as the price for the above act and the employer as a pharmacist, while the J actually agreed from the J to receive a certain amount of money.

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