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(영문) 대구지방법원 김천지원 2021.02.17 2020고단1706
약사법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 6,000,000, and by a fine of KRW 3,000,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

A manufacturer or importer of non-pharmaceutical drugs shall describe the name, the trade name and address, capacity or weight of a manufacturer or importer of non-pharmaceutical drugs, the manufacturing number and time limit, and the letters, etc. of non-pharmaceutical drugs (hereinafter referred to as "necessary descriptions") on the containers or packages of non-pharmaceutical drugs, and no person shall sell, store or display non-pharmaceutical drugs for sale.

1. On March 5, 2020, Defendant A purchased and stored Mask 6,500 (2,200 won per head) in the Mask 6,300,000 (the 2,200 won per head) where the necessary descriptions of non-pharmaceuticals are not indicated from the non-pharmaceuticals of the name and the non-pharmaceuticals. On March 6, 2020, Defendant A sold Mask 1,800 (the 2,500 won per head) to B around the 16:00 Mask 1,80,000 (the 2,500 won per head) around the 16,50,000 won (the 2,500 won per head) around the 16,500 won (the 2,500 won) of non-pharmaceuticals, other than those where the necessary descriptions of non-pharmaceuticals are not indicated. The Defendant sold the 1,800 head among them.

2. On March 6, 2020, Defendant B purchased and stored in KRW 4,500,000 the Mack 1,800, in which the necessary descriptions of non-pharmaceutical drugs are not stated by A, as described in paragraph (1) above, as in paragraph (1) above, around 16:00, the Defendant purchased and stored in KRW 4,50,000.

As a result, the Defendant stored the head of 1,800 Mack, which is not a medicine, but a medicine, the necessary entry of which is not stated.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of seizure and each list of seizure;

1. Application of the Acts and subordinate statutes of marina photographs, etc. inside the A's residence and Mask-Packing photographs purchased by B from A;

1. Relevant legal provisions concerning criminal facts and the Defendants’ choice of punishment: Articles 93(1)10, 66, 61(1)1, and 65(1) (excluding punishment) of the former Pharmaceutical Affairs Act (amended by Act No. 17208, Apr. 7, 2020; hereinafter the same shall apply);

1. Defendants to be detained in the workhouse: Articles 70(1) and 69 of the Criminal Act.

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