Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant is an oriental medical doctor operating the “Daehan” in Seocho-gu Seoul Metropolitan Government B building C.

No person other than a pharmacy founder shall sell medicines.

Nevertheless, around June 30, 2017, the Defendant sold “information exchange” registered as an over-the-counter medicine at the above Hanwon to E, a patient.

Accordingly, the Defendant sold medicines even though he was not a pharmacy founder.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement of E;

1. The written accusation of the Seocho-gu Public Health Center;

1. A written statement;

1. The internal photograph of the suspect's council member;

1. Application of each statute of fact-finding confirmation;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 93 (1) 7 and 44 (1) of the Pharmaceutical Affairs Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant asserts that since he provided medicines to patients through lawful prescription, the crime of violation of the Pharmaceutical Affairs Act is not established.

2. Article 8 of the Addenda to the Pharmaceutical Affairs Act (amended by Act No. 8365 of Apr. 11, 2007) provides that, as an exception to the principle of preparation of medicines by pharmacists or herb pharmacists, herb doctors may directly prepare herb drugs and herb drugs they use for treatment. Meanwhile, Article 2 subparag. 11 of the Pharmaceutical Affairs Act provides that, “The preparation of drugs means preparing drugs for the purpose of treating or preventing a specific disease of a specific person according to a specific usage by mixing two or more drugs according to a specific prescription or dividing one medicine into a certain quantity.”

However, according to each of the above evidence, the patient E, after undergoing a ticketing procedure from the defendant, asked the employee about the exchange of information stored in the ticket, and report it to the defendant by the scke staff, and the defendant.