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(영문) 인천지방법원부천지원 2020.10.22 2020고단2617
약사법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who imports and sells cosmetics materials under the trade name “C” in Bupyeong-si, Busan.

A person who intends to import drugs, etc. as a business shall report the import business to the Minister of Food and Drug Safety, and shall obtain permission from the Minister of Food and Drug Safety or file a report thereon

Nevertheless, around 11:00 on March 27, 2020, the Defendant imported 10,000 in Gyeyang-gu Incheon, Gyeyang-gu, Incheon for the purpose of selling Makkk for domestic health without the above reporting and permission.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the Acts and subordinate statutes governing the import declaration details of a shop and a report on detection of a public health massage shop and a report on the investigation of the check sheet of a wholesaler and a stone wholesaler;

1. Article 93 (1) 5 of the Pharmaceutical Affairs Act and Article 42 (1) of the same Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no past record of criminal punishment, confession, reflectment, etc. for not less than three times the fines imposed on the crime committed against the crime);

1. Article 48 (1) 2 of the Criminal Act to be confiscated;

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