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(영문) 서울중앙지방법원 2013.11.08 2013고정5011
약사법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is selling imported goods in the Jung-gu Seoul Central District Co., Ltd. (Cdong 117).

No one, other than a pharmacy founder, may sell drugs or acquire drugs for the purpose of sale, and no one shall sell drugs, store or display drugs imported without filing an import declaration thereon.

Nevertheless, from June 24, 2010 to April 3, 2013, the Defendant purchased, for the purpose of selling to many unspecified customers, 22 anesthesia drugs, which were imported without filing an import declaration from “E”, a seller of cosmetic materials, and 340 anesthesia drugs, which were imported without filing an import declaration, 340 anesthesia drugs, “the test 45 anesthesia drugs”, 500 “the 5% cream drugs” and 210 “M 5% cream drugs,” which are special drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (including a copy of the statement of witness, a copy of the police statement of attached F, a copy of the attached F), investigation report (including a copy of the protocol of interrogation of a suspect, a copy of the protocol of interrogation of a suspect attached D);

1. A list of transactions;

1. Application of Acts and subordinate statutes concerning photographs of drugs confiscated to D;

1. Article 93 (1) 7, Article 44 (1) of the Pharmaceutical Affairs Act (the fact that a person, other than a pharmacy founder, sells or acquires medicines for the purpose of selling them), Article 93 (1) 10, Article 61 (1) 2, and Article 42 (1) of the Pharmaceutical Affairs Act concerning criminal facts: Selection of a fine for negligence;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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