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Reasons
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(영문) 인천지방법원 부천지원 2015.10.30 2015고단2078
약사법위반
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Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. No person, other than a pharmacy founder (including a pharmacist working for the relevant pharmacy) of Defendant A, may sell drugs;

Although the Defendant is not a pharmacy founder or a pharmacist of his/her pharmacy, around April 28, 2015, at “E” in the “E” of the B’s operation located in Seocheon-si, Seocheon-si, Seocheon-si, and sold to customers who visited the above pharmacy an over-the-counter drugs at KRW 5,00,00.

2. Defendant B is a person who established “E” as described in paragraph 1, and A is an employee of the Defendant.

A, who is the employee of the defendant, has committed the same act as that of Paragraph 1 in connection with the defendant's business at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. Sales medicines and receipts photographs;

1. Videos of the criminal motion image materials [the defendants asserted that they sold the drugs by Defendant A, a pharmacist, according to the instruction of Defendant B. However, the above evidence duly adopted and examined, in particular, according to the video of the criminal motion image materials, Defendant A, who was defective in the fact that the name was written by Defendant A, was sold to the above person who was not given the name, without any conversation with Defendant B, and at that time, Defendant B could recognize the fact that the name was exchanged with other pharmacy customers at that time. Accordingly, the Defendants’ assertion is without merit).

1. Article 93 (1) 7 of the Pharmaceutical Affairs Act and Article 44 (1) (Selection of Fines): Defendant B: Articles 97, 93 (1) 7, and 44 (1) of the Pharmaceutical Affairs Act;

1. Defendants of detention in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

1. Defendants bearing litigation costs: Article 186(1) of the Criminal Procedure Act

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