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(영문) 울산지방법원 2016.04.07 2015고단3217
약사법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, by a fine of three million won, and by imprisonment with prison labor for one year and four months.

Reasons

Punishment of the crime

1. The defendant A may not sell drugs or acquire drugs for the purpose of sale, unless he has established a pharmacy, as the head of the Busan Branch of the D Pharmaceutical Company.

Nevertheless, the Defendant worked at F Hospital in Yangsan-si E on June 2014.

C Whether or not a person may take notes from C

“The”, upon request, sold five (5) copies of the prescription drugs to C, and from June 2014 to December 2014, sold to C, G, H, I, and J ten (10) times in total, as shown in the list of offenses set forth in the attached Table 1.

Accordingly, the Defendant sold medicines even though he was not a pharmacy founder.

2. Defendant B is a person who operates the K company that sells medical devices, etc., and is not a pharmacy founder, nor may he sell drugs or acquire drugs for the purpose of selling them.

Nevertheless, on December 4, 2014, the Defendant sold Stockholm 10,550,000, as a prescription prescription, to 4.50,000 won upon request by C, at the Mac shop in front of the Mac shop L in Yangyang-si, Yangyang-si.

Accordingly, the Defendant sold medicines even though he was not a pharmacy founder.

3. No person, other than a defendant C medical person, shall conduct medical practice;

Nevertheless, on November 2014, the Defendant, even if not a medical personnel, was in the Defendant’s house located N 107 dong 1501 at Yangsan-si and at the Defendant’s house located in 1501 at the time of the end of 2014, administered a volume of 200,000 won in tin for the treatment expenses, namely, received 200,000 won in tin. From July 2014 to November 2014, the Defendant performed medical practice, such as administering Bosia and pots, on 12 occasions in total, as shown in Table 2.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of each police suspect against the defendant C, H, or I;

1. Each police statement in relation to P,O, Q, R, J, G, and S;

1. Protocols of seizure and list of seizure;

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