약사법위반
The judgment of the court below is reversed.
Defendants shall be punished by a fine of two million won.
Defendant
A does not pay the above fine.
1. According to the evidence submitted by the prosecutor, the fact that the defendant sold drugs at a price lower than the price actually purchased by the defendants is proved, and such an act constitutes an act disturbing the market order of drugs, the judgment of the court below which acquitted the defendants on the ground that there is no proof of the facts charged in this case, and there is an
2. Determination
A. Before determining the grounds for appeal by the prosecutor ex officio, the prosecutor applied for changes in the indictment to delete 37 items of the facts charged in this case, including No. 66 of the list of crimes, from among the facts charged in this case. Since the subject of the judgment was changed by this court's permission, the judgment of the court below is no longer able to be maintained and the reversal cannot be exempted.
However, the prosecutor's assertion of misunderstanding of facts or misunderstanding of legal principles is still subject to the judgment of this court, despite the above reasons for ex officio reversal.
B. The following facts are acknowledged according to the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts and misapprehension of legal principles.
① The questionnaire attached to the investigation report dated March 6, 2013 is the document prepared in the course of business of Defendant B, and is submitted directly to the investigation agency by the above Defendant’s side.
② The above summary sheet contains the names of medicines supplied by Defendant B to Busan University Hospital, the quantity of medicines supplied each month from April to December, 2012, the market price of the medicines supplied (the price indicated in the unit price items purchased by the pharmaceutical company in the list of crimes). If the above Defendant purchased medicines from the pharmaceutical company at a price lower than the market price, the purchase price (which was purchased at KRW 0.9 to KRW 1 won, but all were deleted due to changes in the indictment) and the names of Korean products.
(3) The above tables shall be classified.