logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2018.04.19 2018고정139
약사법위반
Text

Defendants shall be punished by a fine of one million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

B is a corporation with the purpose of electronic commerce and related distribution business in Jungcheon-gu, Busan, and the defendant A is a director of the corporation B.

1. No person shall put a mark, on a container, package, or appended document, that is likely to mislead the misunderstanding of medical efficacy, efficacy, effect, etc. for non-pharmaceutical items, and shall sell, store, display, or display for sale, non-pharmaceutical items similar to those indicated or advertised;

Nevertheless, from May 15, 2017 to June 29, 2017, Defendant A advertised “other administration attached to the body,” which is a general industrial product, through Internet shopping mall 11 times, house construction, and paper market, and advertised “natural ingredients for piling up” on the front of the product’s packing, and advertised that may be misunderstood as non-pharmaceutical drugs.

2. Defendant A, a director of Defendant B’s in-house, placed a mark that could be mistaken for non-pharmaceutical drugs for non-pharmaceutical drugs as non-pharmaceutical drugs, as in the preceding paragraph, and advertised such contents.

Summary of Evidence

1. Defendants’ respective legal statements

1. A letter of request for investigation, a written accusation, and a written confirmation;

1. Contents of the advertisement;

1. Notes and sales details;

1. Application of statutes governing certified copies of corporate registers;

1. Defendant A who commits a crime: Articles 93 (1) 10, 66, and 61 (2) (including comprehensive) of the Pharmaceutical Affairs Act; Articles 97 (main sentence); 93 (1) 10, 66, and 61 (2) of the Pharmaceutical Affairs Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

arrow