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(영문) 서울서부지방법원 2021.02.03 2020고단4151
약사법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who is not a pharmacy founder or licensed wholesaler shall not sell drugs or acquire drugs for the purpose of sale.

Despite the fact that the Defendant was not a pharmacy founder, the Defendant purchased the effic acid salt injection, which is a prescription drug, through the Internet telegram “C” at the Defendant’s residence located in the Seo-gu, Seoyang-gu, Manyang-si around July 10, 2020.

After receiving the payment from the contact D to the E bank account in the name of the Defendant, the seller of illegal drugs sold medicines in a way that the sum of KRW 145,000,00, including the amount of e-mail injections, by door-to-door distribution, through F (G). From December 10, 2019 to July 16, 2020, the seller sold medicines equivalent to KRW 102,682,00 in total over 564 times, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Application of Acts and subordinate statutes on telegram dialogues to the Defendant’s statutory statement H, I written statement remittances of the Defendant’s written statement to the Prosecutor’s Office H, I, printed materials of the receipt of pharmaceutical products, the first page of the telegram of the account transaction (the scloids and the list of pharmaceutical products sales), such as closures;

1. Article 93 (1) 7 and Article 44 (1) of the Pharmaceutical Affairs Act (generally, the selection of imprisonment with prison labor) concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is recognized as erroneous and reflected.

The defendant's profit seems to be part of the sales amount.

There is no history of criminal punishment.

The family members and branch members of the defendant want to have the wife against the defendant.

[Unfavorable circumstances] Abrupted crime committed for profit, and in light of the sales period, sales recovery, and sales volume, the crime is hot.

The stewards distributed by the defendant may cause various side effects, such as internal combustion rain gauge, felke, fire extinguishing machinery, body fluid, etc., if they are mistakenly used.

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