1. As to the first ground for appeal, prior to the amendment by Act No. 10324 of May 27, 2010 by the former Pharmaceutical Affairs Act as to the first ground for appeal

(a) The same shall apply;

Article 47 of the former Enforcement Rule of the Pharmaceutical Affairs Act (amended by Ordinance of the Ministry of Health and Welfare No. 27, Dec. 3, 2010) provides that “A pharmacy founder, a person who has obtained marketing approval of a drug, an importer of a drug, a drug dealer, or any other person who is entitled to sell drugs pursuant to this Act shall observe matters necessary for the establishment of a distribution system of drugs, etc. and the maintenance of sales order, as prescribed by Ordinance of the Ministry of Health and Welfare.” Article 95(1)8 provides that a person who violates Article 95(1)8 shall be punished by imprisonment for not more than one year or by a fine not exceeding three million won. Article 62(1)5 of the former Enforcement Rule of the Pharmaceutical Affairs Act (amended by Ordinance of the Ministry of Health and Welfare No. 27, Dec. 3, 2010) stipulates that “A person who has obtained marketing approval of drugs and an importer and a wholesaler of a drug shall not provide money, goods, labor, entertainment

As can be seen, a person who has obtained marketing approval of drugs, an importer, and a wholesaler providing money and other economic benefits to a medical person or a medical institution founder, etc. for the purpose of promoting sales of drugs is subject to punishment pursuant to the former Pharmaceutical Affairs Act. Since the establishment of such crime is only necessary, the joint act of providing and receiving financial and other economic benefits is required. Thus, there is a perception that a person who receives economic benefits, such as money, etc., other than a person who provides financial and other economic benefits, is provided with financial and other economic