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(영문) 대구지방법원 김천지원 2013.11.14 2013고단1146
약사법위반
Text

[Defendant A, B, and C] Defendant A shall be punished by imprisonment with prison labor for six months, Defendant B, and C, for four months.

However, the defendant A, B, and C.

Reasons

Punishment of the crime

1. He may not establish a pharmacy except a pharmacist for co-principal administration of Defendant A and Defendant D;

Defendant

A around February 2010, notwithstanding that it is not a pharmacist, around February 2010, Defendant D, a pharmacist who became aware of the introduction of G from “F pharmacy” located in the building of the building of the Gu and America, but Defendant D employed Defendant D and registered the establishment, registration, etc. of pharmacy under the name of Defendant D, and then Defendant D’s agricultural bank account in the name of Defendant D as a pharmacy to the National Health Insurance Corporation. Defendant D agreed that Defendant A received KRW 5 million per month from Defendant A as the price for the above act and the wage as an employment pharmacist, and employment of Defendant A. In substance, Defendant A established and operated the pharmacy, but Defendant A, not a pharmacist, was willing to establish the pharmacy by forming the appearance as if Defendant D established and operated the pharmacy.

On May 12, 2010, the Defendants: (a) registered the establishment of the said “F pharmacy” in their own name at the old U.S. Public Health Center; (b) registered the business under the name of the Gu U.S. Tax Office; and (c) held that Defendant A manage the said agricultural cooperative account in his/her name with the account to be used in the business related to the pharmacy; and (d) from the above “F pharmacy” to November 24, 201, Defendant A was in charge of the overall operation and management of the pharmacy, including the orders of medicine, while employing Defendant D at the level of KRW 5 million per month from November 24, 201; and (b) Defendant D received KRW 5 million from Defendant A with the monthly payment of KRW 5 million from Defendant A, thereby permitting the use of his/her pharmaceutical name and performing the preparation of medicine, etc.

As a result, the Defendants conspired to establish a pharmacy in violation of the prohibition of establishing a pharmacy by a person other than a pharmacist.

2. He may not establish a pharmacy unless he is a co-principal of Defendant B and Defendant D.

Defendant

B Despite the fact that it is not a pharmacist, around November 201, it was known from "F pharmacy" as stated in paragraph 1 to "I".

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