A. In the facts charged of this case, the defendants, except for the facts notified under the Customs Act, failed to display overseas direct purchase goods in pre-sale stores and sell them to consumers, but notified consumers of the method of purchase of goods to purchase foreign direct purchase, and then the store B as delivery place (the type of direct delivery from among shopping mall purchase agencies). Thus, it does not constitute a "sale" under the Pharmaceutical Affairs Act, etc.

(b) Sentencing [Punishment of the lower court: Fine of 15 million won (Defendant A) and fine of 5 million won (Defendant B)]

2. Determination

A. In full view of the following circumstances, as to the assertion of misunderstanding of facts, the Defendants committed an act of selling “sale” as to the whole the facts charged, including the criminal facts notified in accordance with the Customs Act, based on the evidence duly adopted and investigated by the lower court and the first instance court.

It is reasonable to view it.

Therefore, the above assertion by the Defendants is without merit.

B, as to the sale method, “I, first, displayed the sample sample, displayed the sample, and delivered the order to the customer who wants to purchase the sample in an overseas direct outlet form. However, the time was long for customers to receive the order without understanding the overseas direct outlet system, and the money was paid to the customers, and the method was changed in the way of selling the article directly by bringing the object to the store.

Therefore, at present, the goods are kept at the sales store, such as general stores, and are sold immediately.

From February 2015, the sale method was changed as above.

"........." and "............— send a note to the Korean staff in charge in Newland."

2-3 products are well sold.