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(영문) 서울남부지방법원 2020.07.28 2020고정1081
약사법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall put a mark on the container, package or appended document that may lead to misunderstanding that articles other than drugs have medical efficacy, efficacy, etc., or advertise such contents, and shall sell an article indicated or advertised similar to those of drugs, store or display such articles for sale.

Nevertheless, around July 2019, the Defendant entrusted the manufacturing factory in Suwon-si, Suwon-si B to “C” and sold 10,000 won per unit to E by forming 50 'D non-Nus with the indication of ‘D non-Nus'. The Defendant made 500 'D non-Nus with the indication of ‘D non-Nus' to E.

As a result, the Defendant sold non-pharmaceuticals containers and packages, which are not pharmaceutical products, marks that may be mistaken for medical efficacy and effectiveness, etc.

Summary of Evidence

1. Defendant's legal statement;

1. F's reply;

1. Application of the Acts and subordinate statutes concerning DNA non-exclusive photographs;

1. Relevant Article of the Act on Criminal Facts and Articles 93 (1) 10 and 61 (2) of the Pharmaceutical Affairs Act concerning the Selection of Punishment;

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Code of the Suspension of Execution (the fact that there is no previous conviction between about 17 years, the fact that the F is believed to have committed the crime and trust the quality guarantee of the doctor F, the fact that the sale of the Defendant is merely a kind of prototype, not for the purpose of distribution during the market, but for the purpose of distribution, and later, it appears that the Defendant did not indicate that the Defendant was a drug, and the fact that the mistake is remarkably divided, etc.).

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