Defendant

A shall be punished by a fine for negligence of 500,000 won and by a fine of 1,00,000 won, respectively.

The above fine is imposed against the Defendants.

Punishment of the crime

Defendant

A Employees of the “D pharmacy” and Defendant B are pharmacists of the “D pharmacy”. 1. Defendant A’s pharmacy founders (including pharmacists or herb pharmacists working for the relevant pharmacy) are not allowed to sell drugs. Nevertheless, around 15:12 on May 27, 2012, the Defendant sold one of the drugs to one customer, who is a pharmacist, without Defendant B’s instruction or permission.

2. Defendant A, an employee of Defendant B, had the Defendant sell drugs as above in connection with the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Video-recording CDs;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 93 (1) 7 and Article 44 (1) of the Pharmaceutical Affairs Act; Defendant A who selects a fine: Articles 97, 93 (1) 7 and 44 (1) of the Pharmaceutical Affairs Act; Selection of a fine; Articles 97, 93 (1) 7 and 44 (1) of the same Act;

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

1. Defendants of the provisional payment order: Determination on the Defendants and their defense counsel’ assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendants and the defense counsel asserted that Defendant B took rest after a pharmacy display place at the time, and Defendant A sold a food extinguishing agents under the explicit instruction from Defendant B.

According to the evidence duly adopted and examined by the court, in particular, the CD, Defendant B did not seem to have been in the pharmacy at the time, and the appearance of Defendant A to ask Defendant B about sales drugs verbally and did not appear to have been sold in the manner of selling them by hand. Considering the degree of shooting a camera, etc., the conversation between the photographer and Defendant A, and Defendant A from the place of display, the above fire extinguishing system to the photographer.