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(영문) 서울북부지방법원 2013.10.01 2013고정1062
약사법위반
Text

Defendants shall be punished by a fine of KRW 300,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

1. No person who is entitled to sell drugs, such as Defendant A pharmacy founders, drug distributors, etc., shall disturb the order of the market of drugs or attract consumers by improper means, such as providing prizes, such as prize gifts, etc., or soliciting consumers to attract consumers, etc., in order to establish a distribution system of drugs and to maintain order in selling drugs;

Nevertheless, around December 31, 2012, the Defendant opened the door of “E pharmacy” in front of the “E pharmacy” No. D 103, Jung-gu, Seoul, and provided personal information to customers who run the delivery of the above pharmacy, and provided visitors with a view to attracting customers, etc. by entering the pharmacy, and provided visitors with a view to attracting customers, etc., on the same five days in total, including around January 2, 2013, around January 3, 2013, around January 3, 2013, around January 18, 2013, around January 18, 2013, and around January 19, 2013.

2. Defendant B, as the representative of the “E Contracting State”, did not exercise due care and supervision to prevent the act of soliciting as above in the said case, at the same time and place as that of paragraph (1).

Summary of Evidence

1. Legal statement of witness F;

1. The police statement concerning F;

1. A written accusation;

1. Application of Acts and subordinate statutes to an investigation report (report accompanied by the business registration certificate of the E pharmacy), investigation report (report on arranging video data submitted by the complainant);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 95(1)8 and 47(1) of the former Pharmaceutical Affairs Act (Amended by Act No. 12074, Aug. 13, 2013; hereinafter the same shall apply)

(b) Defendant B: Articles 97, 95(1)8, and 47(1) of the former Pharmaceutical Affairs Act

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

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

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