The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The refund made by the defendant of mistake of facts does not correspond to the pharmaceutical products prescribed by the Pharmaceutical Affairs Act, and did not receive money for consideration, and the court below erred in the fact that there was no fact that he voluntarily made a written lawsuit or publicized.

The sentence of unfair sentencing (two years of imprisonment, three years of suspended execution, and fine 200 million won) of the lower court is too unreasonable.

In light of the legislative purpose and purport of the Pharmaceutical Affairs Act related to the determination of mistake of facts, and the contents and purport of Article 2 subparag. 4 of the Pharmaceutical Affairs Act that defined drugs, the term “pharmaceuticals” under the Pharmaceutical Affairs Act includes both the acts used for the purpose of diagnosing, treating, alleviating, alleviating, treating or preventing human beings or animal diseases other than those listed in the Korean Pharmacopoeia, or all the acts used for the purpose of exerting pharmacological influence on the structure and function of human beings or animals. The term “pharmaceuticals” under the Pharmaceutical Affairs Act includes its component, shape (container, package, design, etc.), name, regardless of the efficacy or efficacy in the pharmacological action, and the purpose of use indicated therein, efficacy, efficacy, effect, usage, volume, publicity or explanation at the time of sale, etc.

(See Supreme Court Decision 2012Do435 Decided March 29, 2012). In view of the following circumstances acknowledged by the evidence adopted and investigated by the lower court, the lower court determined that the instant exchange that the Defendant manufactured and sold was used for the purpose of treating, alleviating, treating, or preventing human diseases, and thus, constitutes “pharmaceuticals” under the Pharmaceutical Affairs Act, inasmuch as it was claimed to have such effect as being perceived by the general public or having such effect.

The Defendant, even on the second trial date, voluntarily, shall play a heart in the world before his leave of office.