2018 Highest 2479 Violation of Pharmaceutical Affairs Act

A

Kim Jong-young (Public prosecution) and misappropriations (public trial)

July 17, 2019

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive, and seized evidence 1 shall be confiscated.

Criminal facts

A person who intends to import drugs, etc. as a business shall report the import business to the Minister of Food and Drug Safety, as prescribed by Ordinance of the Prime Minister, and shall obtain permission or report from the Minister of Food and Drug Safety for each item. In addition, no person other than a pharmacy founder may sell drugs or acquire them

The Defendant, in collusion with B, who is the spouse of the Vietnam nationality, decided to illegally import and sell the PPton through Vietnam, notwithstanding the absence of the fact that a pharmacy was established without reporting the import business of drugs or obtaining permission from the Minister of Food and Drug Safety. On October 30, 2017, the Defendant sold the drugs of KRW 300,000 to F, who received 30,000,000 from F, a female purchaser of Vietnam, and received 6,000,000,000,000 won (per 1,50,000,000) from around that time, and sold the drugs of KRW 26,370,000,000, in total, as shown in the separate crime list, from around 131 to June 6, 2018.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Reports on criminal intelligence, investigation reports (specific suspects), records of seizure, Internet summary description, requests for cooperation with the food and drug wife, and written expert opinions;

1. Application of Acts and subordinate statutes on account transactions;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 93(1)5 and Article 42(1) of the Pharmaceutical Affairs Act, Article 30 of the Criminal Act (the fact that a pharmaceutical business is engaged in import business without obtaining permission or filing a report), Article 93(1)7 and Article 44(1) of the Pharmaceutical Affairs Act, Article 30 of the Criminal Act (the fact that a pharmaceutical business is not a pharmacy proprietor) and the choice of imprisonment, respectively,

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Confiscation;

The reason for sentencing under Article 48(1)1 of the Criminal Act is that the crime of this case is highly harmful to national health and sound distribution order of medicines, and thus, the liability for the crime of this case is not easy. However, at the investigation stage, the Defendant recognized the criminal facts of this case and the liability therefrom. The Defendant, prior to the instant investigation stage, has no record of criminal punishment except punishment imposed as a fine for another type of crime. In addition, the Defendant’s age, character and conduct, sales volume and sales amount of medicines, the details and circumstances of the instant crime, and the circumstances after the instant crime, etc. shall be comprehensively considered

Judges Ho Sung-ho