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(영문) 광주지방법원 2017.01.18 2016고단3535
약사법위반
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From June 199, the Defendant has operated the “D”, a manufacturer of medicine functional foods, etc., by having facilities such as pulverizing machine, reflectr, ventilation on the first floor, sorting machine, screening machine, watcher, drieder, etc. on the second floor, and by having medicinal herbs and food, etc. on the second floor.

1. Any person who intends to engage in the business of manufacturing medicines shall have necessary facilities in accordance with the facility standards prescribed by Presidential Decree and obtain permission from the Minister of Food and Drug Safety, as prescribed by Ordinance of the Prime Minister;

However, from October 1, 2015 to October 2, 2015, the Defendant, without obtaining permission from the Minister for Food and Drug Safety, manufactured medicines, such as manufacturing H, which is a salt-free treatment chemical, by mixing and crushing cream, white boom, red ginseng, and burging burging burging burging burgs, E and F, which are strengthening the immunity force, by mixing and crushing burging burging burgs, g, grass, burging, burging burgs, and burging burgs, without obtaining permission from the Minister for Food and Drug Safety.

2. The Defendant of pharmaceutical sales and the same birth, I and wife J are both not pharmacy founders.

A. On October 1, 2015, the Defendant conspired with I, and around October 1, 2015, the Defendant manufactured K as a salt-free treatment product by mixing the bones, sulphe, sulphe, and sulphe with D, and at around that time, I called the above K as a salt-free treatment product to L who found D, and sold it at KRW 22,50.

Accordingly, the defendant sold drugs in collusion with I even though he was not a pharmacy founder.

B. Around October 2, 2015, the Defendant, in collusion with J, made a manufacture of E by mixing the gypt, white bryp, red ginseng, and brypule in collusion with the Defendant, and sold the same E to L who found D around that time by strengthening the physical strength, and by receiving KRW 25,000.

As a result, the Defendant sold medicines in collusion with J, even though he was not a pharmacy founder.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police officer against the defendant.

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