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(영문) 서울남부지방법원 2014.09.18 2013고단4245
약사법위반
Text

Defendant

A Imprisonment of 8 months, Defendant B, and C shall be sentenced to 6 months of imprisonment, and Defendant D shall be sentenced to 3 million won of fine.

Reasons

Punishment of the crime

Defendant

D Co., Ltd. (formerly before and after the change on March 29, 2013: K: hereinafter collectively referred to as “K”) is a juristic person engaged in micro-organism import and export business, manufacturing business, food manufacturing and processing, manufacturing and wholesale and retail business, manufacturing and wholesale of cosmetics, health-supporting food, manufacturing and wholesale and retail business, etc., Defendant A is a representative director of the said juristic person, Defendant B is a director of the said juristic person, Defendant B is a director of the said juristic person, and Defendant C is a director of the said juristic person.

1. Notwithstanding the fact that Defendant A, Defendant B, and Defendant C’s pharmacy founders cannot sell or acquire drugs for sale, the Defendants, other than the pharmacy founders, provided K-Metiformin, which is a medicine specialized in the treatment of urology, with L, under the claim that there is no efficacy of “L”, which is a urine-related and other processed food sold by the said company.

From April 23, 2012 to July 17, 2012, the Defendants purchased one 60,000 "K-mebat", such as "GM500 (Gulubius, 500 cm)" and "MFM (Seoul Medibat)," which is a medicine specialized in treating urine from E, and provided them to L buyers by supplying them at the K office of Guro-gu Seoul Metropolitan Government from around May 23, 2013 to May 2013.

As a result, the Defendants conspired to acquire drugs for the purpose of sale even though they were not pharmacy founders, and provided them with the above L.

2. Defendant K violated the above paragraph (1) on the Defendant’s business at the date, time, and place of the above paragraph (1).

3. Notwithstanding the fact that Defendant E’s pharmacy founders cannot sell drugs or acquire drugs for the purpose of sale, the Defendant, other than the pharmacy founders, is Seoul Special Metropolitan City from April 23, 2012 to July 17, 2012.

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