The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) is clearly memoryed with the fact that H has offered rebates to the Defendant, and the amount constitutes at least 14% of the prescribed amount.

Nevertheless, the lower court found the Defendant not guilty of the charge on the ground that the amount of rebates is not accurate, erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. The summary of the facts charged is that the Defendant is an intention to operate an “E Council member” in the following cases: D and 202:

No medical person, founder of a medical institution, nor person working for a medical institution shall receive money, goods, benefits, labor, entertainment, or other economic benefits provided by a person who has obtained a product license under Article 31 of the Pharmaceutical Affairs Act, or a person who has filed a product notification for the purpose of sales promotion, such as adoption of drugs and inducement for prescription.

Nevertheless, the Defendant received a proposal from the FF member G and H to the effect that “I will provide economic benefits upon prescribing self-drugs,” and agreed to comply with the proposal.

Accordingly, the Defendant received 300,000 won in cash provided from G for the purpose of promoting the sales of drugs from G at the above E member’s clinic around October 2011 and received the economic benefits of KRW 1.6 million in total from around that time to September 2014, as shown in the list of crimes in the attached Form.

As a result, the defendant received economic benefits from the KAF for the purpose of sales promotion, such as adoption and inducement of drugs.

3. Determination

A. The lower court’s judgment, based on the legal doctrine as indicated in its reasoning, established the evidence submitted by the Prosecutor based on the evidence duly adopted and examined by the lower court, without any reasonable doubt, to prove the facts charged in the instant case.

It is difficult to view each of the statements of H and G by the lower court witness H and G as they are, and it is difficult to believe otherwise.