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(영문) 인천지방법원 2020.08.27 2020고단4177
약사법위반
Text

Defendant

A and B shall be punished by a fine of KRW 4,000,000, and Defendant C shall be punished by a fine of KRW 3,000,00.

The defendants are the defendants.

Reasons

Punishment of the crime

A person who intends to engage in the business of manufacturing quasi-drugs shall be equipped with necessary facilities and file a report with the Minister of Food and Drug Safety on manufacturing business, and shall obtain marketing approval or file marketing notification for each item.

Nevertheless, on February 1, 2020, Defendant A requested Defendant C, the vice president of the same company as Defendant B, the vice president of the same company, who did not report the non-pharmaceutical drugs manufacturing business, to manufacture the product name “E” (E) and Defendant B and Defendant C manufactured approximately KRW 108,80,80 of the non-pharmaceutical drugs, which were non-pharmaceutical drugs in the Nam-gu Incheon Metropolitan City F, from February 13, 2020 to February 25, 2020.

Accordingly, the Defendants conspired to manufacture quasi-drugs without reporting manufacturing of quasi-drugs.

Summary of Evidence

1. The Defendants’ respective legal statements G, each police statement of H with respect to their respective police officers, and the list of seizures

1. Investigation report (the details of the arrival of internal investigation, the first appointment status of a DNA company, the attachment of photographs of a DNA company, the verification of whether a person was engaged in manufacturing and packing works for the sprinke for sprinke, the verification of whether a person was engaged in manufacturing and packing works for the sprinke for sprinke, and

1. Application of response statutes to a request for review as to photograph (as of March 5, 2020) (as of March 5, 2020), each written confirmation, each raw material and medicine, substance safety and health data-related registration certificate of the business of manufacturing cosmetics, response to requests for appraisal, and review as to

1. Article 93 (1) 4 of the Pharmaceutical Affairs Act, Article 31 (4) of the same Act, Article 30 of the Criminal Act, and Article 30 of the selection of fines for negligence;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Defendant A and his defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order asserted that the act entrusted by Defendant A to Defendant B et al. is merely a simple "defensive packaging" and that it does not constitute an act of manufacturing" under the Pharmaceutical Affairs Act, but Article 31(4) of the Pharmaceutical Affairs Act is not a quasi-pharmaceutical.

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