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(영문) 서울서부지방법원 2017.09.22 2017고단1847
약사법위반
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of thirty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person other than a pharmacy founder shall sell or acquire drugs for the purpose of sale.

Even if the Defendant was not a pharmacy founder, on June 6, 2015, transferred KRW 1,400,000 from the national bank account (Account Number D) in the name of the Defendant around 7-B47 of Songpa-gu Seoul building B, Songpa-gu, Seoul, to the Defendant. At that time, the Defendant sold to the said C a total amount of KRW 611,491,452 in total by the same method as indicated in the list of crimes in the separate sheet of crimes, including sales of 1,40,00 won, which is a drug, by means of delivery using a home-based scambbb, etc. to the said C.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of each protocol concerning the suspect examination of the police to E, F, G, H, C, I, J, and K;

1. Copy of the police statement concerning L;

1. A criminal investigation report (Evidence List 10, 17, 19, 25, 33, 36, 38, 43, 47, 58, 60, 62, 65, 67, 72, 74, 76, 78, 81) and accompanying materials;

1. Details of deposits and withdrawals by the recipient (No. 54,55 on the evidence list);

1. Application of the Acts and subordinate statutes to the names of medicines confiscated in a warehouse B, calendar photographs recorded in quantity, and pharmaceutical Melmon products stored in a warehouse B;

1. Article 93 (1) 7 of the Pharmaceutical Affairs Act and Article 44 (1) of the same Act concerning facts constituting an offense ( comprehensively referred to as "crime");

1. Imprisonment with prison labor and a fine concurrently (Article 93 (2) of the Pharmaceutical Affairs Act);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment shall be determined by taking into consideration the circumstances, the age, sex, environment, circumstances after the crime, etc. of the defendant;

An advantageous circumstance - the fact that a mistake is being taken place - the fact that there is no past record of criminal punishment exceeding a fine - the crime of this case is a serious crime that is likely to disrupt the normal distribution order of the medicine and cause harm to the health of the people. The risk of the drug sold by the defendant is more likely to cause special prescription and the risk is three times as a violation of the Pharmaceutical Affairs Act.

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