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(영문) 대구지방법원 2017.11.24 2017고정1737
약사법위반
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant, who engages in the electronic commerce transaction in the name of "B", and who intends to engage in the import business of drugs, etc., shall report to the Minister of Food and Drug Safety, and shall also obtain permission or report from the Minister for Food and Drug Safety for each item, as prescribed by Ordinance of the Prime Minister, and shall not advertise the efficacy or performance of the name, manufacturing method, efficacy, or performance of drugs, etc. unless he/she files such report or obtains permission.

Nevertheless, between August 7, 2017 and August 17, 2017, the Defendant engaged in the “B” communications sales business in Daegu Dong-gu, Daegu-gu, without reporting import business, and without reporting import business by item, advertised “D” as an online site for the purpose of selling the name, performance, etc. of physiological cups, non-pharmaceutical drugs.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. National examination, seller information, current status of D B sales, application of statutes for business registration certificate;

1. Article 95 of the Pharmaceutical Affairs Act and Articles 95 (1) 10 and 68 (5) of the same Act concerning facts constituting an offense, the selection of fines, and the selection of fines;

1. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act (Article 59(1) of the Suspension of Pronouncement of Sentence (Article 59(1) of the Criminal Act (Article 59(1) of the Pronouncement of Sentence) (Article 59(1) of the same Act (Article 59(1) of the same Act provides that the Defendant’s confession of the crime of this case reflects the Defendant’s mistake, has no record of criminal punishment, has not been actually imported medicines, etc.); the Defendant’s deletion

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