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(영문) 의정부지방법원 고양지원 2019.02.15 2018고단2848
약사법위반
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A defendant shall be punished by imprisonment for a term of six months and a fine of seven million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

A drug wholesaler shall employ a pharmacist to manage his/her duties.

Nevertheless, the Defendant leased a pharmacist’s license from B to October 31, 2018, operated a drug wholesaler with the trade name “D,” and sold a total of KRW 731,256,018 won from January 3, 2015 to October 31, 2018, to customers whose names are not known, as of May 8, 2018, including one “hatt (hatt-to-hat-hat-hat-hat-hat-hat-hat-hat-hat-hat-hat-hat-hat-hat-hat-hat-hat-hat-hat-hat-hat-hat-hat-hat-hat-h (hat-hat-hat-hat-hat-

Accordingly, the defendant did not have a pharmacist and operated a drug wholesaler without having a pharmacist manage his duties.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Business registration certificate;

1. Pharmacists' licenses:

1. Details of account transactions;

1. Certification of value-added tax base (D);

1. Purchase sales places, list of total tax invoices by seller, and list of total tax invoices by seller;

1. Application of statutes on field photographs, receipts, and photographs of drugs;

1. Article 94 (1) 5 of the Pharmaceutical Affairs Act and Article 45 (5) of the same Act concerning facts constituting an offense;

1. Article 94 (2) of the Pharmaceutical Affairs Act (Concurrent Imposition of Imprisonment and a fine);

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

1. Article 62(1) and (2) of the Criminal Act on the suspension of execution (limited to imprisonment);

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the punishment as ordered shall be determined by taking into account all the factors of sentencing as shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, family relationship, motive for committing the crime, means and consequence of the crime, and the circumstances after committing the crime.

The favorable circumstances shows the attitude of the defendant to reflect by recognizing the error.

On June 2013, the Defendant again committed the instant crime even though he had been punished for the same kind of crime.

A medicine without having a pharmacist.

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