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Defendant
A Imprisonment of 8 months and fines of 2,000,000 won, Defendant B’s imprisonment of 1 year and 2 months and 5,000,000 won, and Defendant.
Reasons
Punishment of the crime
1. Defendant A
(a) No person other than a pharmacist shall establish a pharmacy;
Nevertheless, the Defendant’s husband, who is not a pharmacist, committed an act of opening a pharmacy in E by means of forming the appearance of F as if it had established a pharmacy although E actually opens and operates a pharmacy, by employing a pharmacist’s name, and preparing a real estate contract and an application for the establishment of a pharmacy, etc. under F’s name, by lending the name of F, and registering it as a business operator’s account; and F, as the price for the above act and an employment pharmacist, by having agreed to receive a certain amount of money from E as the payment for the above act; and E, from August 19, 2014 to November 27, 2014, by entering into an agreement to pay 4 million won per month for the use of the pharmacist’s name and the preparation of medicine, etc.; and in substance, E is responsible for overall management of the pharmacy’s name, such as sales of medicine and the management of profits, etc.; F is preparing a real estate contract and an application for the establishment of the above pharmacy in its name, and opening the above account to E.
On November 27, 2014, the Defendant: (a) died of E, who is the husband; (b) maintained the F and the above contractual terms as they were; and (c) opened and operated the said pharmacy in the same manner from that time to early May 2015.
Accordingly, the Defendant conspiredd with F to establish a pharmacy in violation of the prohibition of the establishment of a pharmacy by a person other than a pharmacist.
(b) No person, other than a pharmacy founder, may sell medicines;
Nevertheless, on May 27, 2015, the Defendant, other than a legitimate pharmacy founder, sold to 4,500 won pirpirirpirosiss, an over-the-counter drugs, at the “H pharmacy” around 17:37, 2015, and at around 08:43, Jun. 9, 2015.