The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. The Defendant did not commit an act of collusion by receiving money, goods, benefits, labor, entertainment, and other economic benefits in return for the referral of prescriptions from a Contracting State.

B. The sentence (one million won of fine) imposed by the lower court on the grounds of unreasonable sentencing is excessively unreasonable.

2. Ex officio determination

A. The summary of the facts charged in the instant case shall not instruct or induce a person with a prescription to get preparation of drugs at a specific pharmacy.

Nevertheless, at around 16:00 on February 28, 2014, the Defendant provided treatment to patients E who have undergone a diagnosis at “D Council member” in the window C of Changwon-si, Changwon-si, and led them to undergo a preparation at a specific pharmacy by concluding that “A pharmacy is “FBB” at low speed.

B. The lower court found the Defendant guilty on the above charges by applying Articles 94(1)2 and 24(2)3 of the Pharmaceutical Affairs Act.

C. 1) In a criminal trial, the finding of guilt ought to be based on evidence with probative value, which leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt. Therefore, in a case where the prosecutor’s proof does not sufficiently reach the degree to have such conviction, even if there are suspicions of guilt, it should be determined in the interest of the defendant (see, e.g., Supreme Court Decision 201Do15767, Feb. 13, 2014). 2) The applicable provisions of this case are as follows.

(2) Any pharmacy founder (including persons working for the relevant pharmacy; hereafter the same shall apply in this Article) and any medical institution founder (including persons working for the relevant medical institution; hereafter the same shall apply in this Article) shall be prohibited from engaging in any of the following collusion:

3. The founder of a medical institution shall make prescriptions.