The judgment below is reversed, and the case is remanded to Busan High Court.

It is determined ex officio on the violation of the Act on Special Measures for the Control of Public Health Crimes among the facts charged in the instant case.

1. According to the record, the summary of this part of the facts charged is as follows: “Defendant C, around October 2010, printed and supplied 1700 won of the above product by printing and selling alilized products containing alildena (Stildenafil) and packaging papers containing h” in which the standard specifications are not publicly notified to Defendant A, and Defendant A and B sold to Defendant A and B, on the 26th of the same month of the same month, products containing 30 years of packaging and 150,000 won of the purchase price of the above alilized products, and then transferred 1,571 times from around March 11, 2014 to KRW 1,571,90,000 of the total sum of 1,571,902,000 of the product and packages containing H, and the product’s chemical dosage is not publicly notified in collusion with the purpose of selling them.”

Based on evidence, the lower court determined that Defendant C conspired with Defendant A and B to sell a total of KRW 316,902,000 won from October 2012 to March 11, 2014, the lower court convicted the Defendants of all the charges charged.

2. In general, since the date and time of the crime is not a requirement for the specification of the facts charged, the court may recognize the date and time different from the written indictment without going through the amendment of indictment. However, the difference between the date and time is not simple mistake, but it is compatible with the facts of each crime whose time and time differs due to the nature of the case, and it is difficult for the court to find the defendant guilty of a temporary crime different from the date and time written in the facts charged.