The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by a fine of 300,000 won.

Defendant

A.

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts only provided a favorable parking guide to customers, but did not act as a guest.

(2) The Defendant is merely an employee of a pharmacy and is not the subject of prohibited acts under the Pharmaceutical Affairs Act.

B. Defendant B did not neglect due care and supervision over Defendant A’s act.

2. Determination

A. Defendant A (1) prior to the judgment on the grounds for appeal by the above defendant, the prosecutor applied for changes in the indictment to add Article 97 of the Pharmaceutical Affairs Act to the above defendant's applicable provisions to the applicable provisions of the law in the trial before the judgment on the grounds for appeal by the above defendant. Since this court permitted this, the part of the judgment of the court below as to Defendant A cannot be maintained any more.

However, despite the above reasons for ex officio reversal, the above defendant's assertion of misunderstanding of facts and misapprehension of legal principles are still subject to the judgment of this court, and this is examined below.

(2) According to the evidence duly adopted and examined by the court below, the above defendant's allegation in this part is without merit, since it can be acknowledged that the above defendant provided a guide as stated in the facts charged and provided a customer's act against customers.

(3) Under Article 97 of the Pharmaceutical Affairs Act, if there is a person who actually executes the pertinent business without the application of the penal provisions of Article 93, 94, 94-2, 95, 95-2, or 96 of the same Act, the person subject to the above penal provisions shall be extended to the person who actually executes the pertinent business in order to ensure the effectiveness of the above penal provisions, so that such person commits a violation of the above penal provisions in relation to the pertinent business, at the same time, he is punished under the above penal provisions, as well as the offender’s penal provision that allows him to be punished under the above penal provisions