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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. As for the prescription drugs prohibited from sale and purchase without doctor's diagnosis and prescription, which are non-pharmaceutical drugs for pre-divate donation in violation of the Pharmaceutical Affairs Act, and the prescription drugs of which purchase is prohibited. A person, other than a pharmacy founder, is prohibited from selling any drugs of which the main ingredient of non-agra is as above and other drugs of which main ingredient is salves, and no person shall sell forged drugs;
Nevertheless, the Defendant, while residing in China on April 2014, conspired with “C”, “D”, “E”, and “F, etc., 11-out donation treatment chemicals, G infinites operating the sales site of women interest festivals, and H, a domestic delivery book, etc., to sell a fake donation treatment system, etc. via the above site. If G, while managing the above site, received orders from many unspecified members through the above site’ bulletin board or Kakakaooo (hereinafter “I”), and then sent the text to delivery books residing in the Republic of Korea including the Defendant and H, the Defendant et al. agreed to perform the role of selling goods by visiting and delivering goods by visiting each nearby company in the vicinity of each office.
On April 1, 2014, the Defendant sold 143 times in total as shown in the annexed crime list, from that time to June 25, 2014, the Defendant sold a fake donation treatment system worth KRW 18,685,000 in total, as shown in the annexed crime list, by way of individual packaging of Bag, a fake donation treatment product, a fake donation treatment product, etc., which is a fake donation treatment product, in the nuclear room near the KK located in Guro-gu Seoul Metropolitan Government.
Accordingly, although the Defendant was not a pharmacy founder, he sold fake drugs in collusion with G and H without qualification.
2. The Defendant violated the Trademark Act as mentioned in paragraph (1) above and at the time and place.