1. Violation of the Pharmaceutical Affairs Act

B. Violation of the Electronic Financial Transactions Act

1.(a)(b)Lambling, 73 years old, South, and industry;

Residential Incheon (At present Ulsan Detention House Replace)

Reference domicile

2.(a)(b) Kim Jong-il, 80 years old, South, and North;

Residential Incheon (At present Ulsan Detention House Replace)

Reference domicile

3.(b)(b)Integrasday, 78 years old, South, and Integrasium Fisheries;

Incheon Residence

Reference domicile

Kim Jong-young (prosecutions) and Park Jin-Jin (Trial)

1. Law firm (with limited liability) (for the purpose of the defendant Park Jong-il and Kim Jong-il);

2. The number of attorneys-at-law (the national election for the defendant0 days);

July 24, 2020

1. The defendant shall be punished by imprisonment for two years;

2. Defendant Kim Jong-il shall be punished by imprisonment with prison labor for a year and April. The evidence seized from the date of his Kim Jong-il shall be confiscated, respectively; 3. Defendant White Day shall be punished by imprisonment with prison labor for a period of eight months.

However, the execution of the above punishment shall be suspended for two years from the date when this judgment became final and conclusive with respect to the white day of the defendant. To the white day of the defendant, community service for 80 hours shall be ordered.

Criminal facts

【Criminal Records】

Defendant Park Jong-il was sentenced to two years of imprisonment by the Incheon District Court for violating the Korean Racing Association Act on September 1, 2017, and the sentence was terminated on April 3, 2019.

(Criminal Facts)

1. Violation of the Pharmaceutical Affairs Act (the co-principal of the defendant Park Il-il, the defendant Kim Il-il, and the defendant 00 days);

가. 성인 의약품 포장 및 배송 판매약국 개설자가 아니면 의약품을 판매하거나 판매할 목적으로 취득할 수 없다. 피고인 박피일, 피고인 김고일은 영리를 목적으로, 전공범(2019. 12. 19. 구속기소)으로부터 인터넷 불법 성인 의약품 판매사이트인 '약국', '①0마켓', '▣▣약국', 'I 약국', 'BB맨' 등의 성명불상 운영자를 소개받아 위 운영자들이 위 인터넷 사이트 등을 통해 비아그라 등 성인 의약품 판매 광고를 하여 구매자들을 확보하면, 피고인들은 전공범이나 일명 '박부장', '김사장' 등을 통해 성인 의약품을 구매한 후 위 성명불상자들로부터 텔레그램이나 스카이프 등을 통해 구매자 명단을 송부받아 인천 동구에 있는 사무실에서 의약품을 포장하여 배송하기로 공모하였다.

Therefore, the Defendants purchased and stored drugs of KRW 148,95,00 in total at the 33th class market price, including approximately 100 galgora 100 galle and approximately 12 malle, which were introduced from a senior police officer in early July 2019. From September 19, 2019, the Defendants sold drugs of KRW 3,141 times from around April 10, 202 to around 3,140 from around 200 to around 18, 2000 to around 10,000 from around 200 to around 18, 200 to around 200 to around 200. Defendant white day was employed by Defendant Park Day and Kim High-il to receive KRW 100,000 per day from them, and in charge of the packing and delivery of the said drugs, and in collusion with Defendant 10,000 from around 18, 2019 to around 10.

As a result, the Defendants did not establish a pharmacy but sold prescription drugs in collusion with the above-mentioned names, the poor, and the major offenders.

B. No person, other than a person who established an Internet site, may sell or acquire drugs for the purpose of selling them. Defendant Gamba, Defendant Kim Jong-il, opened and advertised an Internet adult drug sales site, “Jamba (htp:/Omission)” around August 2019, and then pack and deliver drugs ordered by customers in Incheon Dong-gu. Around August 24, 2019, Defendant Lbag, etc., as a prescription drug, sold drugs for a total of 27 times from that time to April 1, 200. Defendant 0 was employed by Defendant Gamba and Kim Jong-il from November 1, 2019 to around 100, Defendant 200, Defendant 100 and 400,000,000 won, and Defendant 10,000,0000,000 won, from around 24, 2019.

As a result, the defendants sold prescription drugs by not only a pharmacy founder but also a pharmacy founder.

2. Violation of the Electronic Financial Transactions Act;

No person may transfer or acquire a means of access in using and managing the means of access.

A. The co-principal of Defendant Park Jong-il and Defendant Kim Jong-il

The Defendants need to receive the remittance of sales proceeds from the operators of the Internet site illegal drug sales sites as described in Paragraph 1, and sought a large passbook through the Internet search, and around August 2019, Defendant Park Jong-il received one copy of the No. Dol Incheon, Inc., which was issued as the business office of the Dolung Incheon, in Incheon.

B. Joint criminal conduct of Defendant 00 days, Defendant Kim Jong-il

In order to manage the sales proceeds of drugs through the above "Htp:/Omission", the Defendants sought a presidential passbook through Internet search on November 2019, and Defendant 00 was directly issued an OTP card and an authorized certificate of USB, etc. that are linked to the sttp’s account in the name-free name in front of the Dongcheon-gu Incheon Central District in Jung-gu, Incheon.

Summary of Evidence

(Omission)

Application of Statutes

1. Article applicable to criminal facts;

○ Defendants: Articles 93(1)7 and 44(1) of the Pharmaceutical Affairs Act; Article 30 of the Criminal Act; Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act (including acquisition by transfer of any access medium)

1. Commercial competition;

○ Defendant Kim Il-il and White-il: Articles 40 and 50 of each Criminal Act (the crime committed at the time of market sale and violation of each Electronic Financial Transaction Act as stated in Article 2-b)

1. Selection of punishment;

○ Defendants: The Defendants’ choice of imprisonment

1. Aggravation for repeated crimes;

Defendant Park Il-il: Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

○ Defendants: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Suspension of execution;

○ Defendant White Day: Article 62(1) of the Criminal Act

1. Social service order;

○ Defendant White Day: Article 62-2 of the Criminal Act

1. Confiscation;

Defendant Kim Jong-il: Reasons for sentencing under Article 48(1)1 of the Criminal Act

1. Defendant Park Il-il and Kim Jong-il committed the instant crime is an illegal selling of adult drugs at least 3,00 times after receiving a request for delivery from the operator of the selling site of illegal adult drugs or receiving an order from the operator of the selling site directly, and taking over the means of access for the purpose of paying sales proceeds. The period of crime is not shorter, the total number and value of adult drugs purchased and distributed by the Defendants are enormous, and the amount deposited into the accounts managed by the Defendants exceeds KRW 16,00,000,000 in total, and the Defendants would have acquired considerable economic benefits from the instant crime. In light of the nature and motive of the instant crime, period, details and method of the crime, and frequency of the crime, the possibility of criticism is considerably high. The instant crime of selling illegal drugs as seen in this case constitutes a crime of considerable harm to the lives and body of the people, and thus, the Defendants should take into account the most serious need to take into account the following factors: (i) the Defendants’ major criminal intent and the method of punishment as to the crime of repeated crime.

However, the defendants recognized that all their crimes were committed against the defendant Kim Jong-il and took part in the crime of this case by the solicitation of the defendant Park Jong-il. At the time of the first investigation by the investigation agency, the defendant Park Jong-il denied the facts of conspiracy with the defendant Park Jong-il and the major offender, but later, they cooperate with the investigation by accepting them. The defendant Park Jong-il had no punishment history exceeding the fine or criminal records for the same kind before the crime was committed, there was a foreigner's wife to support the defendant Kim Jong-il, and there is a family member to support the defendant Park Jong-il, and there is a family member to support the defendant Park Jong-il. The defendant's family members and branch members want to take this into consideration in favor of the defendants, taking into account the circumstances favorable to the defendants, and determining the punishment like the order of this case by taking into account all the circumstances shown in the arguments of this case, such as the defendants' age, character and behavior, environment, motive and background of the crime, profits and circumstances obtained from the participation in the crime, etc.

2. Defendant 00, who was in the first instance of this case, was recruited to commit an act of selling illegal drugs at least 2,500 times in total for five months, and committed an act of taking over the means of access in collusion with Kim Jong-il. In light of the details and motive of the crime, period of the crime, details, methods, and frequency of the crime, etc., the nature of the crime is very heavy, the possibility of criticism is considerably high, and there is a need for strict punishment for the crime of selling illegal drugs, such as the above, as seen above, there is a need for strict punishment for the crime of selling illegal drugs, and thus, the Defendant should also be subject to strict criminal liability.

However, the fact that the defendant recognized his/her crime and reflects his/her mistake in depth, that he/she participated in the crime of this case at the request of Park Il-il in a situation where the health condition at the time is not good, and that he/she was engaged in simple repetition of duties, such as door-to-door gambling, packing, transportation, etc., and that the degree of participation in the crime or role in the crime is not more severe than Park Il-il and Kim Jong-il, and that the profit gained by the crime of this case is less than Park Il-il and Kim Jong-il, and that the profit gained by the crime of this case is very low compared to Park Il-il and Kim Jong-il, except for the past one-time punishment, the defendant has no other force of punishment except for the past one-time punishment, and the fact that there is a family member who should support the defendant, etc. shall be considered as favorable to the defendant, and the defendant shall be determined by taking into account all the circumstances in light of the defendant's age and character, background, motive and background of the crime, degree of participation and profits obtained by the crime after the crime.

Judges Park Jong-woo