The judgment of the court below is reversed.

The Defendants are not guilty. The summary of the judgment against the Defendants is published.

Summary of Grounds for Appeal

A. Defendant A, a pharmacist, sent to H a call scam (hereinafter “instant medicine”) according to the direction of Defendant B, who is a pharmacist.

Therefore, although the defendants did not establish a crime of violation of the Pharmaceutical Affairs Act, the judgment of the court below which found the defendants guilty of the facts charged of this case is erroneous and adversely affected by the

B. The lower court’s sentence of unreasonable sentencing (Defendant A: fine of KRW 1,00,00, and fine of KRW 1,500,000) is too unreasonable.

2. Determination

A. At the same time, the Pharmaceutical Affairs Act provides that no person, other than a pharmacist, shall establish a pharmacy (Article 20(1) of the Pharmaceutical Affairs Act), and also prohibits sales of drugs by a person, other than a pharmacy founder or a pharmacist working for the relevant pharmacy, in principle.

(Article 44(1) main text of the Pharmaceutical Affairs Act. The purport of the same provision is to ensure that the sale of drugs is likely to affect the national health, and thus, it is inappropriate to leave the sale of drugs to the national freedom, and thus, to generally prohibit the sale of drugs and allow the sale of drugs by cancelling the general prohibition only to those who are qualified through a certain test.

(See Supreme Court Decision 98Do1967 delivered on October 9, 1998). In addition, for the proper selection and use of drugs, the text and purport of the above provision are as follows: (a) in the case of over-the-counter drugs that require "provision of information, such as the name, usage, dosage, efficacy and effect, storage method, side effects, mutual effects, etc. of drugs" to a psychotropic person; (b) in the case of an over-the-counter drugs that can be sold without a doctor's prescription, "the act of assisting the buyer in choosing necessary drugs"; (c) in other words, the drug guidance (the "pharmaceutical guidance" and Article 2 subparagraph 12 of the Pharmaceutical Affairs Act) is required; (d) with respect to drugs, the Pharmaceutical Affairs Act must provide the medication guidance in the case of over-the-counter drugs; and (e) restricts the subject of the medication guidance to pharmacists.