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(영문) 대구지방법원 2019.05.09 2019고단107
약사법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for one year.

Provided, That the above punishment shall be imposed against Defendant A for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to import drugs, etc. shall obtain permission from or report to the Minister of Food and Drug Safety for each item, as prescribed by Ordinance of the Prime Minister, and no one shall sell the imported drugs, etc. without obtaining permission or reporting from the Minister of Food and Drug Safety under Article 42

The Defendants purchased C, which is a medicine in China, from female to female, and conspired to publicize and sell the Internet site by importing smuggling in Korea through a show of it.

Defendant

A purchased C from around August 2017 to June 2018, at the same city of the Republic of Korea, and then put C in the Republic of Korea through a post office box, attaching a mutually named “D,” and Defendant B imported C through the method of receiving the said product from his own residence, and received C two orders from F who wishes to purchase the said product through an Internet car page, and then received 300,000 won for the said product from F to F who wished to purchase it. From the date of the foregoing crime list to June 29, 2018, the two two copies of C, which were imported as above, sold medicines not permitted by delivery and sale to the above orderer by using the post office box, and sold medicines to the said orderer from June 28, 2018 to June 29, 2018.

As a result, Defendants conspired to import drugs without obtaining permission or report, and sold drugs imported without obtaining permission or report.

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol of Defendant B by the prosecution;

1. A written investigation of the suspect of the defendant A;

1. The list of seized articles;

1. Each specification of transactions;

1. Application of the Acts and subordinate statutes governing requests for investigation cooperation;

1. Relevant provisions for facts constituting an offense and the Pharmaceutical Affairs Act concerning the selection of punishment, respectively;

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