The defendant shall be innocent.

1. No person other than pharmacy founders and pharmacists may sell or obtain drugs for sales purposes;

Nevertheless, on February 3, 2017, the Defendant sold 35,000 won after receiving 35,000 won or more as an over-the-counter drug to customers who visited a pharmacy, even though they are not pharmacy founders or pharmacists.

2. Article 20(1) of the Pharmaceutical Affairs Act provides that no person, other than a pharmacist or herb doctor, shall establish a pharmacy, and Article 44(1) of the same Act provides that no person, other than a pharmacy founder, shall sell drugs. The purport of the above provision is to ensure that the sale of drugs is likely to affect the health of the people, and that such sale of drugs is inappropriate for citizens’ freedom, and thus, it is generally prohibited, and that the sale of drugs is permitted only to a pharmacist qualified through a certain test by cancelling a general prohibition.

B. In a case where a person, other than a pharmacist, sells drugs under a pharmacist’s implied or presumed condition, it is reasonable to legally evaluate that a pharmaceutical doctor sells drugs by using a pharmacist’s mechanical or physical use (see Supreme Court Decision 98Do1967, Oct. 9, 198). Meanwhile, criminal facts charged in a criminal trial must be proven by a prosecutor, and the judge should be convicted with evidence having probative value to ensure that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant’s conviction, the defendant’s interest should be determined as the defendant’s profit (see Supreme Court Decision 2008Do10787, May 28, 2009). According to the records of this case, the defendant at the time of the instant case’s entry into the records.