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(영문) 인천지방법원 부천지원 2015.04.10 2015고정49
약사법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant B is a person who works at a pharmacy located in Kimpo-si D as an employee.

No person other than a pharmacy operator (including a pharmacist or herb pharmacist working for the relevant pharmacy) shall sell drugs.

Nevertheless, the Defendant began to sell over-the-counter drugs, such as fire extinguishing agents and link agents, from around October 2014 to around October 22, 2014 without a pharmacist’s license, and around October 22, 2014, at the above pharmacy around 08:58, the Defendant sold the luminous ray and Mamerctoe to customers in 2,50 won.

2. Defendant A is a pharmacist who actually operates and manages the above E-pharmacy.

The defendant B, who is the employee of the defendant, violated the above provisions in relation to the defendant's business at the same time and place as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant B: Articles 93(1)7 and 44(1) of the Pharmaceutical Affairs Act; selection of fines

B. Defendant A: Articles 97, 93(1)7, and 44(1) of the Pharmaceutical Affairs Act; selection of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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