A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. No person other than a pharmacy founder who violates the Pharmaceutical Affairs Act may sell medicines or acquire them for the purpose of sale;

Nevertheless, around March 11, 2019 and around October 18, 2019, the Defendant acquired 150 copies of the license for the treatment of fake donation in cash from China, which contain a prescription drug in the name-free Chinese, even if a pharmacy founder is not a pharmacy owner, for the purpose of selling 2,250,000 won, from March 11, 2019 to January 20, 202. From March 11, 2019 to January 20, the Defendant sold 83 copies of the license for the treatment of fake donation to unspecified multiple consumers.

2. No person other than a retailer who violates the Tobacco Business Act shall sell tobacco to consumers;

Nevertheless, from March 11, 2019 to January 20, 2020, the Defendant purchased 3,750,000 pieces of tobacco 5 kind 150 pieces of tobacco, such as the Edratro, from Chinese people in non-name, in cash, from Jung-gu Incheon, and sold 105 USD 3,150,000 among them to many unspecified consumers (3,150,000 Won per annum).

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on requests for appraisal, delivery of fake donation, pretreatment, and tobacco photograph;

1. Relevant legal provisions concerning facts constituting an offense, Articles 93 (1) 7, 44 (1) (including sales of drugs by the opener of a pharmacy, including sales of drugs), Articles 27-2 (2) 1, and 12 (2) of the Tobacco Business Act (including sales of unregistered tobacco retail business, and all of them), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 30 (1) of the Tobacco Business Act;

1. Article 30 (2) and (1) of the Tobacco Business Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant is the same as the previous one.