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(영문) 대전지방법원 서산지원 2017.10.26 2017고단733
약사법위반
Text

1. The sentence against the accused shall be 3,000,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

No person other than a pharmacist shall establish a pharmacy, and a pharmacist's license shall be allowed to lend his/her pharmacy to another person.

Nevertheless, from August 4, 2014 to March 6, 2017, the Defendant leased the Defendant’s license to the “D pharmacy” located in Jinjin-si from around August 4, 2014 to to work as an employment pharmacist of the pharmacy he opened. E, in return, agreed to provide the Defendant with board and lodging and pay 2.5 million won per month wages to the Defendant. In addition, E, with a pharmacy facility installed to manufacture medicine, was in charge of the overall operation of the pharmacy, including the sale of drugs, and the Defendant, a pharmacist, prepared an application for the establishment of a pharmacy in the name of the Defendant, and opened a bank account in the name of the Defendant, and opened the above pharmacy in the manner that he sells it to E.

Accordingly, the Defendant lent a pharmacist's license to E, and opened a pharmacy in collusion with E other than a pharmacist.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against F and E;

1. On-site verification and verification of operational status of D pharmacies;

1. Application of Acts and subordinate statutes governing transactions in D pharmacy accounts;

1. Article 93 (1) 1, Article 6 (3) of the Pharmaceutical Affairs Act (a point of lending a pharmacist's license), Article 93 (1) 2, and Article 20 (1) of the Pharmaceutical Affairs Act, Article 30 of the Criminal Act (a point of establishing a pharmacy by a person who is not a pharmacist), and selection of fines for a crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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