The judgment of the court below is reversed.

Defendant shall be punished by a fine of eight million won.

The above fine shall not be paid by the defendant.

1. Summary of the grounds for appeal and the sentencing (the original court: a fine of eight million won);

2. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor.

The lower court determined that the Defendant’s act of selling medicines of this case constitutes a violation of the Medical Service Act, and determined the applicable punishment against the Defendant by adding aggravated concurrent crimes by deeming that there exists a concurrent crime relationship under the former part of Article 37 of the Criminal Act.

However, in the event that a number of acts falling under the name of the same crime continues to be conducted for a certain period under the single and continuous criminal intent and the legal benefits from such damage are the same, each of these acts should be punished by a single comprehensive crime (see Supreme Court Decision 2009Do11708, Jun. 10, 2010). The instant crime is reasonable to deem that the Defendant, an operating member of a pharmaceutical company, ordered drugs from March 16, 2017 to January 18, 208 as being ordered by the competent customer from March 16, 2017 to receive orders from the competent customer, and sells them individually after being delivered the drugs, and all of the facts charged in the instant case are related to a single comprehensive crime.

Therefore, the above judgment of the court below is erroneous by misapprehending the legal principles on the number of crimes and concurrent crimes, and thus, it cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Discied Grounds for Judgment] Criminal facts acknowledged as a member of a party are as stated in the corresponding column of the judgment of the court below.

(Article 369 of the Criminal Procedure Act). Summary of evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of D or G;

1. Statement of the police officer to H, F, and I;

1. A written statement of theO;

1. Each protocol of seizure;

1. Account transactions, records, etc. and reports on financial transaction information;

1. The list of business partners and the details of transactions by each business partner;