The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and misconceptions of the facts (only the primary claim) did not receive economic benefits (i.e., rebates; hereinafter referred to as “reward rebates”) provided by D (hereinafter referred to as D) for the purpose of sales promotion, such as inducing the adoption of drugs, as stated in the instant facts charged, from Company D (hereinafter referred to as “D”).

B. Improper reasons for the lower court’s punishment (amounting to KRW 6 million) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. The summary of the facts charged in the instant case is the intention to operate a hospital C (which is mutually changed to a hospital C in the following hospital) located in Chungcheongnam-gun Hong-gun from February 2, 2008 to February 14, 2012.

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 would pay 10 million won as a subsidy if he/she pays 30 million won when he/she has continuously purchased DNA drugs from D business employees, a corporation.

“A proposal shall be received, and shall be received, from E, on the day when it is impossible to know the police officer from October 201 to the police officer during the same month, from E in the above C Hospital’s clinic.

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

B. The lower court’s judgment held that there is credibility in the statement of Notarial Women E, taking full account of the circumstances in its judgment.

Recognizing the instant facts charged, the lower court convicted the Defendant.

(c)

The judgment of this court 1) In the criminal trial of the relevant legal principles, the charge is sufficient to have a judge make a reasonable doubt.