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(영문) 인천지방법원 2014.07.10 2014고정1501
약사법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. A person who intends to import drugs, etc. shall obtain permission or report from the Minister of Food and Drug Safety for each item;

Around January 2013, the Defendant purchased 34 diseases in total of 170,000 won from 30,000 won per 1 disease, and imported them closely to the Republic of Korea by purchasing 34,000 won from 30,000 won from 40,000 points of trade name in the old when the Defendant was navigating in China.

2. A person who desires to carry on the business of importing and selling tobacco for joint-use by the defendant A and B shall make a registration with the competent authority.

Defendant

A and B shall not be registered with the competent authorities on January 4, 2013, provide 250 locks, including 274,000 won and purchased, such as a free tobacco emitting range around January 4, 2013, as shown in the attached list of crimes.

4. From 19. up to 30 times, the tobacco purchased total of KRW 7,500 and imported KRW 8,220,000 for the purpose of sale without registration and sold KRW 5,180 among them at KRW 6,00,000.

Summary of Evidence

1. Defendants’ respective legal statements (the defendant A is on the second trial date)

1. Records of seizure and the list of seizure, and application of Acts and subordinate statutes to each investigation report;

1. Article 93(1)5 and Article 42(1) of the Pharmaceutical Affairs Act; Article 27-3 subparag. 2 and Article 13(1) of the former Tobacco Business Act (Amended by Act No. 12269, Jan. 21, 2014); Article 30 of the Criminal Act; Article 30 of the Criminal Act; Article 27-3 subparag. 2 and Article 13(1) of the former Tobacco Business Act (Amended by Act No. 12269, Jan. 21, 2014); Article 30 of the Criminal Act

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants: Article 48(1) of the Criminal Act

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

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