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(영문) 광주지방법원 2015.10.02 2015고정862
약사법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No one shall put a mark on containers, packages or appended documents that may lead to misunderstandings that articles other than drugs have medical efficacy, efficacy, or effect, or advertise such contents, and shall sell, store or display for sale, items indicated or advertised similar to drugs.

The Defendant is the head of the Dagricultural Cooperative (hereinafter referred to as "DF") located in C in the YAC.

However, on August 7, 2013, the Defendant closed the manufacturing business of the NACF and posted the “manufacturing” on the website (E) sector by December 8, 2014.

In addition, even though the product sold through the website is an agricultural product, it was advertised on the website such as “Korean herb, our brandF, Korean herb that respects human beings,” and “herb purchase” that is used only for pharmaceutical products, and it was advertised in order for consumers to misunderstand non-pharmaceutical products as medicine products manufactured by a pharmaceutical manufacturer, thereby selling non-pharmaceutical products to unspecified multiple consumers.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. An investigation report (a report on confirmation of the person who closed down the business of aD agricultural cooperative), an investigation report (report on the confirmation of the homepage), an investigation report (report on the details of sales on the website sent by aD agricultural cooperative), and an investigation report (report on the results of review of the details of investigation command);

1. Application of Acts and subordinate statutes to the copy of business registration certificate, certificate of permission on the wholesale of medicines, certificate of business report, and output of Internet advertising contents;

1. Article 93 (1) 10 and Article 61 (2) of the former Pharmaceutical Affairs Act (Amended by Act No. 13114, Jan. 28, 2015);

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

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