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(영문) 의정부지방법원 2019.05.24 2019고단1263
약사법위반
Text

A defendant shall be punished by imprisonment for six months and by a fine of ten thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person other than a pharmacy founder shall sell or acquire drugs for the purpose of sale.

Although the Defendant was not a pharmacy founder, the Defendant purchased injections, which are specialized drugs, from B, a wholesaler of medicines known to the general public, and intended to sell them individually to the surrounding people.

Accordingly, from January 31, 2013 to May 28, 2017, the Defendant continuously transferred 41,827,000 won to B as indicated in the attached list of crimes, and then transferred 41,827,000 won to B at the purchase price of injection. At the time of each payment, the Defendant, from D of drug wholesalers employed by Gangseo-gu Seoul Metropolitan Government C or drug wholesalers located by the Defendant in Songpa-gu, Seoul, to B, acquired medication for sale by receiving medication from B, such as Melmon, Lex, Lex, Ruter, Puter, Purheine, Maz, and Newzz, and sold medication acquired at that time during the same period.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and the B;

1. Written statements of G, H, I, J, and K;

1. Details of transactions in each account;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of unit price table of medicines);

1. Article 93 (1) 7 of the Pharmaceutical Affairs Act and Article 44 (1) of the same Act concerning the facts constituting an offense;

1. Imprisonment with prison labor and a fine concurrently (Article 93 (2) of the Pharmaceutical Affairs Act);

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant crime is a serious crime that disturbs the normal distribution order of drugs and threatens to cause harm to the national health, and a considerable number of the medicines sold by the Defendant are in need of strict punishment.

However, other than the fact that the defendant confessions the crime of this case and reflects it, and is sentenced to a fine for the crime of this case.

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