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(영문) 수원지방법원 2016.05.11 2016고단1174
약사법위반
Text

Defendant

A Imprisonment with prison labor of one year and two months, fine of seven thousand won,00,000 won, and Defendant B shall be punished by imprisonment of four months.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A’s crime;

(a) No person other than a pharmacist shall establish a pharmacy;

Nevertheless, the Defendant, other than a pharmacist, employed L as a pharmacist, prepared a real estate contract and an application for the establishment of a pharmacy under his/her name, opened a bank account and registered L as a business operator’s account, and agreed to receive a certain amount of money from the Defendant as the price for the above act and the wage of an employment pharmacist, and conspired to establish the Defendant’s pharmacy by forming the appearance of the Defendant, even though the Defendant actually established and operated a pharmacy.

In accordance with the above public offering, from the beginning of December 2014 to February 25, 2015, the Defendant agreed to provide L with 5 million won per month for the use of pharmaceutical name and the preparation of medicine in the name of a pharmacist, and employed L as the pharmacist of the above pharmacy. In substance, the Defendant takes charge of the overall operation of the pharmacy, such as the sale of medicine and the management of profits. L prepares the real estate contract and the establishment of a pharmacy in his/her name, while opening the said pharmacy and operating the bank account in his/her name by reporting the Defendant.

Accordingly, the Defendant conspiredd with L to establish a pharmacy in violation of the prohibition of establishing a pharmacy by a person other than a pharmacist.

(b) No person other than a pharmacy founder shall sell drugs;

Nevertheless, around April 14, 2015, the Defendant, not a legitimate pharmacy founder, sold drugs for 13 times as indicated below from the date of the crime list to May 13, 2015, to the slopeO belonging to the Gyeonggi National Police Agency, which issued a prescription, to the 3,000 won of the skin disease treatment chemicals.

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