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(영문) 인천지방법원 2020.08.14 2020고단2673
약사법위반
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of ten million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. A person who intends to engage in the business of manufacturing non-pharmaceutical drugs shall install necessary facilities in accordance with the facility standards prescribed by Presidential Decree and file a manufacturing report with the Minister of Food and Drug Safety, and shall obtain marketing approval or file marketing notification for each item;

Nevertheless, the defendant from February 7, 2020 to the same year.

3. Until April 3, 198, a total of 148,360 Emb. “D” was manufactured for external disinfection purposes consisting of the main ingredients of which are Embane (5%, 33.8%, 1%, 0.2%, 0.2%, and 0.2%, as shown in the [Attachment List], used directly by the Defendant at C’s business establishment located in Kimpo-si, Kimpo-si, without reporting and obtaining permission from the Defendant’s business establishment located in Kimpo-si.

2. No person shall sell, store or display, for sale, non-pharmaceutical drugs manufactured without permission;

Nevertheless, the defendant from February 7, 2020 to the same year.

3. By April, 300, “D” manufactured by the same method at the same place as described in the foregoing paragraph (1) was sold to “E”, etc. as indicated in the [crime List], on a total of 61 occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. Documents requested for cooperation in business, persons subject to permission for business (report), and persons subject to reporting on manufacturing items;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning criminal facts, Articles 93 (1) 4, 31 (4) (the manufacture of non-permitted non-pharmaceutical drugs) of the former Pharmaceutical Affairs Act (wholly amended by Act No. 17208, Apr. 7, 2020; hereinafter the same shall apply), Articles 93 (1) 10, 66, and 61 (1) 2 (the sale of non-permitted quasi-pharmaceutical drugs) of the former Pharmaceutical Affairs Act, and each of the imprisonment penalties shall be imposed concurrently pursuant to Article 93 (2) of the former Pharmaceutical Affairs Act, and the punishment shall be imposed concurrently;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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