The defendant shall be innocent.

1. The summary of the facts charged in this case’s license shall not be lent to another person.

When the Defendant was unable to operate a pharmacy upon making a determination of brain death on May 2009 due to a traffic accident that occurred in the Changwon-si, Muwon-si C, and D was unable to operate a pharmacy, the Defendant and Dong-gu, F, and Silur G leased a pharmacist's license to the Defendant and F, registered the establishment of the above pharmacy in the Musan Public Health Center in the name of the Defendant and F, and conspired to operate the pharmacy by manufacturing and selling medicines by employing a management pharmacist.

Therefore, around October 30, 2009, the Defendant lent a pharmacist's license to G so that G, other than pharmacists or herb pharmacists, can establish and operate a pharmacy.

2. Determination

A. In full view of the legislative intent of the Pharmaceutical Affairs Act and the provisions on pharmaceutical license, it is reasonable to interpret that the act of lending a license prohibited under Article 6(3) of the Pharmaceutical Affairs Act to another person, by using that license, means that the other person knowingly lends his/her license to another person while engaging in pharmaceutical affairs as if he/she is a pharmacist who is the title holder of that license.

B. (See Supreme Court Decision 2002Do6829 delivered on June 24, 2003).

The following facts are acknowledged according to the evidence duly adopted and investigated by this Court.

① D, a defendant’s scenario, operated a pharmacy for about 40 years, was unable to operate the pharmacy upon determination of brain death due to a traffic accident occurred in May 2009.

② At the family conference, the Defendant (H’s spouse) and F (I’s spouse) were decided to change the name of the representative of the E pharmacy into D. Accordingly, on October 30, 2009, the Defendant and F as joint representatives were reported to change the name of the E pharmacy.

③ However, at the time of the above establishment report, F was staying in the United States, and the Defendant also around February 2009 to April 201.