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(영문) 대구지방법원 2017.03.17 2017고정90
약사법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, on the Internet, sells prescription drugs used for training pre-ed sampling treatment and spathy treatment for spathy male spathy, all of which are “mD” companies, and protethy male spathy treatment.

No person other than pharmacy founders shall acquire or sell medicines for the purpose of sale.

Nevertheless, the Defendant, on the Internet C, had the difficulty in living due to the absence of money, had the mind to view that the Defendant was traded at a low-value price with a company, a special drug used for male-use treatment, etc., and with a view to selling it by reporting that it is traded at a low-value price.

The Defendant subscribed to D’s Internet site under the name of her mother E and her own name for sale, and purchased the aforementioned Franc and protoo through C, etc.

The Defendant: (a) connected and sold the purchased Luxembourg, etc. on the D’s Internet website in her mother’s name; and (b) if the buyer took the purchase character on the D’s Internet website with respect to Luxembourg, etc. delivered by the Defendant, the buyer deposited the remainder of the goods, other than the commission, into the Defendant’s bank (Account Number F).

The Defendant sold 39,815,000 won via D’s Internet site over 128 occasions from February 4, 2012 to March 29, 2016, including “the sales list of the attached crimes - E”, and sold 11,573,444 won, including “the sales list of the attached crimes - the sales list of the A”, from January 6, 2011 to April 11, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G;

1. Detailed statement of transactions (No. 5 No. 133);

1. Application of Acts and subordinate statutes to requests and replies, such as family relation certificates;

1. Article 93 (1) 7 of the Pharmaceutical Affairs Act and Article 44 (1) of the same Act ( comprehensively including, but not limited to, the choice of fines) concerning criminal facts and the selection of punishment.

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