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(영문) 의정부지방법원 2013.09.05 2013고정2065
약사법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Criminal facts

No person other than a pharmacy founder may sell drugs or acquire them for the purpose of sale, and no person shall sell forged drugs, or store or display them for the purpose of sale.

Nevertheless, in April 2013, the Defendant: (a) operated the sale store of adult products with the trade name “C” from Pocheon-si B in Macheon-si in 2013; (b) acquired it for the purpose of selling a forged drug (pre-divated pre-divating drugs), and displayed it for the purpose of selling it on or around the 24th of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Place of control and photographs of seized objects;

1. A written appraisal;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Relevant legal provisions concerning facts constituting an offense, Articles 93 (1) 7, 44 (1) of the Pharmaceutical Affairs Act (the point of acquiring medicines for the purpose of selling medicines by a person who is not a pharmacy founder), Articles 93 (1) 10 and 61 (1) 1 of the Pharmaceutical Affairs Act (the point of displaying medicines for the purpose of selling forged medicines), 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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