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(영문) 수원지방법원 2016.05.11 2016고단949
약사법위반
Text

Defendant

A Imprisonment of one year and two months and fine of 7,000,000 won, Defendant B’s imprisonment of one year and a fine of 7,00,000 won, and Defendant.

Reasons

Punishment of the crime

1. Defendant A

(a) The establishment of an unqualified pharmacy (1) No person, other than a pharmacist, may establish a pharmacy;

Nevertheless, the Defendant, other than a pharmacist, employed Q Q 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 register Q as a business operator’s account, and agreed to receive a certain amount from the Defendant as the price for the above act and the wage of an employment pharmacist, and in substance, the Defendant established and operated a pharmacy, but, as Q Q established and operated a pharmacy, recruited the Defendant’s pharmacy by forming the appearance as if Q Q opened a pharmacy.

According to the above public offering from October 2014 to March 5, 2015, the Defendant agreed to pay Q Q a KRW 5 million per month for the use of the name of the pharmacist and the preparation of medicine, etc., and employed Q as a pharmacist of the above pharmacy. The Defendant is in charge of the overall operation of the pharmacy, such as the sale of medicine and the management of profits. Q, in fact, drafted the above pharmacy’s real estate contract and the establishment of the pharmacy in his name, while opening the above pharmacy in a way that Q sets up the bank account in his name to the Defendant.

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

(2) No person other than a pharmacist may establish a pharmacy.

Nevertheless, the Defendant, who is not a pharmacist, has employed T&L and prepared an application for the establishment of a real estate contract and a pharmacy under his/her name, opening a bank account and register T/L as a business operator account, and receives a certain amount of money from the Defendant as the price for the above act and the employee pharmacist.

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