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(영문) 서울남부지방법원 2018.11.15 2018고정845
약사법위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant is a person who performs each Internet purchase agency business under the trade name of Yeongdeungpo-gu Seoul Metropolitan Government Co., Ltd., Ltd., and between Japan and Japan, as “Co., Ltd. E”.

A person who intends to import drugs, etc. as a business shall report to the Minister of Food and Drug Safety on his/her import business, and each item shall obtain permission or report from the Minister of Food and Drug Safety, and shall not advertise the names, manufacturing methods, efficacy, or performance of drugs, etc. until he/she has obtained permission or filed a report in accordance with such permission or report.

Nevertheless, on September 2017, the Defendant placed an advertisement on the name “here air-markets”, a product manufactured in Japan, other than those manufactured in the Gmarket, without permission and reporting for each import business and each item to the Minister of Food and Drug Safety. In addition, the Defendant placed an advertisement on the name “here air-conditioning ( rubber lines), burging, burging, and g.u.m. (g.u.m.).

Summary of Evidence

1. Partial statement of the defendant (as at the second public trial date);

1. A written accusation;

1. Investigation report (verification of the criminal records similar to a suspect) (the defendant and his/her defense counsel did not know whether the defendant advertised goods are items subject to permission under the Pharmaceutical Affairs Act, and the above goods can be purchased and used directly by the Japanese travelers, and it is difficult for the defendant to understand the relevant Acts and subordinate statutes because he/she has a Japanese permanent sovereignty so it is difficult to understand.

The argument is asserted.

However, the act of misunderstanding that one's act does not constitute a crime under the laws and regulations does not mean a simple act of misunderstanding that one's act does not constitute a crime. It does not mean a simple act of misunderstanding, but it is generally accepted that it does not constitute a crime that is permitted by the laws and regulations in case of a general crime but it is not a crime in his special circumstances.

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