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(영문) 의정부지방법원 고양지원 2018.08.23 2018고단1483
약사법위반
Text

Defendant

A shall be punished by a fine of KRW 15 million, and Defendant B shall be punished by a fine of KRW 30 million.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A The head of the “E-Research Institute” office located outside the Dawon in the Pariju City, who is employed by Defendant B to receive benefits. Defendant B is a herb doctor who establishes and operates the said “E Research Institute” as the head of the “D Hanwon” office located in the Mapo-gu Seoul Metropolitan Government F building.

Defendant A, other than a doctor or herb pharmacist, was unable to prepare drugs, but around October 24, 2017, Defendant A, other than a doctor or herb pharmacist, prepared herb drugs by opening the said E-Research Institute’s herb drugs requested by D on the 11st day of the same month, adding mouths and ties, and adding them. On the 23th day of the same month, Defendant A, other than a doctor or herb pharmacist, prepared herb drugs in accordance with I’s daily fishery 1, J’s daily fishery 1, K’s daily fishery 1, K’s daily fishery 1, 4, and Maro 4, respectively. Defendant B had Defendant A prepare the above herb and reported the preparation status of herb drugs by E-Research Institute regularly from Defendant A.

As above, the Defendants conspired to prepare medicines between December 1, 2016 and October 24, 2017, even though Defendant A was not a doctor or herb pharmacist, as shown in the list of crimes in the attached Table, even though he was not a doctor or herb pharmacist.

Summary of Evidence

1. Defendants’ respective legal statements

1. On-site photographs (E-Research Institute), part of the prescription prepared by the suspect A;

1. A written confirmation on the establishment of a hot spring farm room, a medical institution establishment report certificate, and a business registration certificate;

1. The sales details of E-Research Institute in 2016, and 2017, the details of transactions of E-Research Institute’s corporate bank accounts, and the log of E-Research Institute’s sugar (from October 2016 to November 2017)

1. Application of Acts and subordinate statutes on the details of Article A;

1. The Defendants: Article 93(1)3 and Article 23(1) of the Pharmaceutical Affairs Act, Article 30 of the Criminal Act, and the selection of fines

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

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

1. Defendants of the provisional payment order: Criminal Procedure Act.

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