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(영문) 서울중앙지방법원 2015.10.20 2014고정5711
약사법위반
Text

Defendant

A A shall be punished by a fine of KRW 7 million, and Defendant B shall be punished by a fine of KRW 5 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendants A and B were the chief of the headquarters headquarters in Daejeon Special Metropolitan City (former E Co., Ltd.) and Defendant B, the chief of the headquarters in the former Special Metropolitan Area of the said company, and the Defendants, around April 2012, were offered a total of 10,000 per cent price from the said company to May 2013, 200, upon receiving a claim from the said company that there was no efficacy of “F,” which is a food for urine and other processed products sold by the said company, and upon receiving the agreement from the said company, to provide and sell the capsicine, which is a medicine specialized in treating urology, along with F. From April 2012 to May 2013.

2. No person other than a pharmacy founder who violates the Pharmaceutical Affairs Act, as a result of the sale of drugs, shall sell or acquire drugs for the purpose of sale;

Nevertheless, from April 2012 to July 30, 2012, the Defendants sold the said case caturgists and the caps to the said F buyers, each of which was provided to the said F products sellers, H, I, and J, etc. as described in paragraph 1, at the Daejeon Heavy Business Headquarters of the said company located in the fourth floor of G building located in Daejeon Dong-gu, Daejeon, and from around July 30, 2012, and offered them together to the said F buyers.

Accordingly, the Defendants conspired to sell drugs even if they were not pharmacy founders.

3. A company violating the Pharmaceutical Affairs Act due to the violation of order in the sale of drugs has obtained permission to sell drugs from the head of Seocho-gu Public Health Center on July 31, 2012. In the case of the wholesale of drugs, the company shall not sell drugs to any person other than those entitled to sell drugs pursuant to the provisions of the Act, such as pharmacy founders, sellers of safe and readily available drugs, herb druggists, drug dealers, and other drug wholesalers.

Nevertheless, from July 31, 2012 to May 2013, the Defendants were written in Paragraph 1 at the Daejeon Heavy Business Headquarters of the said Company, and the H, I, and J, etc., the seller of the said F products.

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