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(영문) 의정부지방법원 2017.12.20 2017고단4325
약사법위반
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of KRW 5,00,000.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

(a) Any person who intends to engage in the business of manufacturing non-pharmaceutical drugs for animals shall file a manufacturing report with the Minister of Agriculture and Forestry, and shall obtain marketing approval or file marketing notification by item;

Nevertheless, on July 13, 2017, at the “H” office operated by the Defendant on July 13, 2017, without filing a report on manufacturing business of animal drugs, the Defendant manufactured 150 L in the manner of dilution (FiFrton) dilution the powder at the rate of 1.5:8.5 with water and 1.50 L in the body of 10 L, as described in the attached list of crimes in the attached list of crimes. In addition, the Defendant manufactured 830 L in the non-pharmaceuticals for animals without filing a report on manufacturing business from around 2016 to July 13, 2017 without obtaining marketing approval, and received approximately 850,000 won in the non-pharmaceuticals for animals, including I, from 10 persons, and sold the above insects after receiving approximately 8.5 million won in the body of 10 persons, including I.

As a result, the defendant did not report the manufacturing business of animal medicine and without obtaining marketing approval, and sold it to manufacturing business of animal medicine other than animal medicine.

(b) A drug wholesaler shall employ a pharmacist to manage his/her business;

Nevertheless, on August 26, 2009, the Defendant borrowed a pharmacist’s license, and opened a drug wholesaler for animal use in the name of “H,” from Scheon-si G on August 26, 2009, and did not place a pharmacist and did not manage his/her duties, and sold medicines worth KRW 14.2 billion in total to customers from that time to August 17, 2017, for instance, by receiving KRW 78,000 per 1,00 of low pathogenic AI (ABN).

Accordingly, the defendant, without having a pharmacist manage his duties, operated a wholesaler for animal use.

2. Defendant B’s license to a person who obtained a pharmacist’s license from the Minister of Health and Welfare is not lent to another person, but on August 26, 2009.

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