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(영문) 대전지방법원 2015.02.26 2014고단3982
약사법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. He shall be prohibited from opening any pharmacy other than a pharmacist who violates Article 93 (1) 2 of the Pharmaceutical Affairs Act;

Although the Defendant was not a pharmacist in the Daejeon Metropolitan City, the Defendant employed a pharmacist and conspired to operate a pharmacy. The Defendant was in charge of the overall operation of a pharmacy, such as the lease contract of real estate to a pharmacy, the National Health Insurance Corporation’s claim for medical care benefits, the order of medicine, and the settlement of expenses, and the preparation of medicine, etc., and the pharmacist paid the fees for the above act and the payment for the above act to a pharmacist as a pharmacist, and conspired to establish a pharmacy by forming the appearance as if a pharmacist established a pharmacy.

The Defendant established and operated a pharmacy in the name of E from November 3, 2009 to June 1, 201, under the agreement to employ E as a pharmacist in the same manner as above at the aforementioned D pharmacy, and established and operated the above D pharmacy by having the pharmacy facilities, such as a dispensary, etc., and selling medicines.

Accordingly, the Defendant, in collusion with E, established a pharmacy even though it is not a pharmacist.

B. The Defendant, from June 2, 201 to April 8, 2014, agreed to employ F as a pharmacist in the said D Pharmacy from June 2, 201 to April 8, 2014, opened and operated the said D Pharmacy by having the pharmacy facilities, such as a dispensary, and selling medicines.

Accordingly, the Defendant, in collusion with F, established a pharmacy even though it is not a pharmacist.

C. The Defendant had established a pharmacy in G from April 8, 2014 to the same year.

5. Until August 8, 200, a pharmacy was established and operated by the agreement with G to pay KRW 1,500,000 per month to the above G in return for the loan of a pharmacist’s license to the above D pharmacy, and the above D pharmacy established and operated a pharmacy by installing pharmacy facilities such as a dispensary, etc.

Accordingly, the Defendant established a pharmacy even though he is not a pharmacist.

2. The Pharmaceutical Affairs Act;

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