Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant is operating a adult product store with the trade name “C” in netcheon City B.

Although a person, other than a pharmacy founder, was prohibited from acquiring drugs for the purpose of selling them, the Defendant acquired and displayed “D”, which is a drug for drying and treatment of women’s quality, to sell to many and unspecified persons who found the above establishment within the “C”, which is an adult product store operated by the Defendant, between April 20, 2016 and May 20, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Smart national information;

1. On-site investigation reports;

1. Data on business place photographs;

1. Application of statutes on business registration certificates;

1. Article 93 (1) 7 and Article 44 (1) of the Pharmaceutical Affairs Act concerning the relevant criminal facts, the choice of punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his/her defense counsel asserted that "D" did not constitute drugs, but did not intend to sell drugs.

In light of the legislative purpose and purport of the Pharmaceutical Affairs Act, and the contents and purport of Article 2(4) of the Pharmaceutical Affairs Act that define drugs, drugs under the Pharmaceutical Affairs Act include all the concepts that are used for the diagnosis, mitigation, treatment or prevention of diseases of human beings or animals, or for the purpose of exerting pharmacological functions in the structure or function of human body or animals, or for the purpose of exerting pharmacological functions in the structure or function of human body, other than those listed in the Korean Pharmacopoeia under Article 2(4)1 of the same Act. Whether drugs fall under the category of drugs must be determined by comprehensively considering the composition, form (container, package, package, etc.), name and purpose of use indicated, efficacy, effect, volume, advertisement or explanation at the time of sale, etc., regardless of the existence or absence of efficacy in the pharmacological action.