The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal principles, the Defendant merely supplied C with the non-pharmaceuticals of this case, and did not conspired to advertise C and the newspaper advertisement of this case. The lower court found the Defendant guilty of the facts charged by misapprehending the legal doctrine.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, there is a combination of intent to jointly process and realize a crime among two or more co-offenders who jointly process a crime. Although there is no process of the whole conspiracy, if the combination of doctors is formed in order or secretly through several persons, there is a conspiracy of doctors (see Supreme Court Decision 2011Do9721, Dec. 22, 201). In light of the above legal principles, the instant case is health care in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the Defendant had previously worked together with C, and was well aware that C would sell functional health foods, etc. through the newspaper advertisement. ② The Defendant first proposed sale of non-pharmaceutical drugs of this case, and ③ the Defendant directly supplied non-pharmaceutical drugs of this case to C, and ③ the Defendant provided non-pharmaceutical drugs of this case to C, etc. with the non-pharmaceutical drugs of this case, by taking account of the following circumstances acknowledged by the court below’s duly adopted and investigated evidence.