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(영문) 의정부지방법원 2019.04.26 2019고단439
약사법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

(State) The Defendant is a former business employee of B.

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

Nevertheless, the Defendant, at a hospital or pharmacy, who was in charge of ordinary businesses, ordered the above pharmaceutical company in which the Defendant had been working as a prescription drug, such as the Ethypt and Poster, etc., to place an order. When the pharmaceutical company delivers the Ethypt, etc. from the pharmaceutical company to the relevant hospital or pharmacy, he/she had the hospital or pharmacy sought it and received it without any separate prescription and received it to sell it illegally.

On March 16, 2017, the Defendant ordered D’s “E pharmacy” operated by D in Seocho-gu Seoul Metropolitan Government, to place an order as if it were ordered by D to the above pharmaceutical company in which the Defendant worked for 20 boxes, a prescription drug, and received the above 20 boxes from D, and around that time the Defendant received 180,000 won and sold the 180,000 won to F. From that time to January 18, 2018, the Defendant sold drugs worth KRW 57,86,000 in total over 27 times in the same manner as the list of crimes in the attached list.

Accordingly, the Defendant sold medicines despite the fact that it is not a pharmacy founder.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police suspect interrogation records of the accused;

1. Police suspect interrogation protocol of D or G;

1. Statement made by the police to H, F, I, and J;

1. Each protocol of seizure;

1. Account transactions, records, etc. and reports on financial transaction information;

1. Application of the law No. 29 through 32, 62 through 65 of the evidence list;

1. Article 93 (1) 7 and Article 44 (1) of the Pharmaceutical Affairs Act, the selection of each of the applicable provisions concerning the facts constituting an offense, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.

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