1. Of the judgment of the first instance court, the part against Defendant A, B, C, D, and E shall be revoked, and that part shall be revoked.

1. The following facts can be acknowledged by taking account of the following facts: (a) Defendant Young Jin medicine or Gabin medicine created by Japanese medicine was recovered and disposed of; (b) evidence Nos. 1, 2, 5 through 43, 45 through 50; (c) evidence Nos. 2 through 5, 8, 9, 13, 22; (d) evidence Nos. 11-1 through 4; (c) evidence Nos. 9 through 15 (including any number); (d) witness G of the first instance trial; and the fact inquiry results with respect to the head of the Health Review and Assessment Service of the first instance court.

On September 6, 2004, Defendant Young-jin medicine obtained permission to manufacture biological equivalence test medicine from the Commissioner of the Korea Food and Drug Administration (hereinafter referred to as the “Administrator of the Food and Drug Administration”) regarding 70mg (hereinafter referred to as the “Podlon”) of the Podlon, which is a reproduced medicine for treatment of Madrida.

On January 11, 2005, Defendant Young Jin medicine and Defendant A entered into a research service contract requesting the testing of whether the Madlon’s Madlon is equal to that of the Madice, which is a original drug (hereinafter “here-sex”).

From April 13, 2005 to June 13, 2005, Defendant A continued a same-sex test under the instant research service contract.

B. While Defendant A’s performance of a same-sex test under the instant research service contract, Defendant B’s representative director, Defendant D’s business director, Defendant C’s Chairman of the External Review Committee, Defendant E’s test manager, Defendant F’s analysis researcher, respectively.

The above Defendants conspired to manipulate the same-sex test data, and based on this, prepared a test report on the test report on the Madlon (hereinafter “instant test report”) on the same-sex test data, and accordingly, were convicted of obstruction of performance of official duties by fraudulent means.

C. Defendant Young-jin medicine is from Defendant A.