The defendant shall be innocent.

1. The summary of the facts charged in the instant case is the actual representative of D Co., Ltd. in Seo-gu, Daejeon, who is a drug wholesaler in the fourth floor of the building in the Busan Geum-gu E-gu, U.S. and sells cancer patients to a clinic who is treated by cancer patients.

No one may sell, store, or display for sale drugs manufactured without marketing approval from the Commissioner of the Korea Food and Drug Administration. However, from July 1, 2010 to November 9, 2010, the Defendant was supplied with 140 disease and market price of 20,880,000 won by G and sold them to the hospital, pharmacy, etc. by the representative of the I company of the J from July 1, 201 to the Korea Food and Drug Administration without obtaining permission for the manufacture of drugs or permission for the manufacture of drugs from the Commissioner of the Korea Food and Drug Administration.

2. The prosecutor appears to have asserted that the above facts charged are crimes falling under Article 93(1)10, Article 61(1)2, and Article 31(2) of the Pharmaceutical Affairs Act, and that the above "H" is a medicine manufactured in violation of Article 31(2).

However, Article 31 (2) only provides that when a manufacturer under paragraph (1) intends to sell a drug manufactured (including where he/she entrusts another manufacturer with the manufacture), he/she shall obtain a license or report the manufacture item by item. Here, "manufacturer under paragraph (1)" can be viewed as a person who has obtained a license to engage in the manufacture of a drug as a business and does not include a person who has not obtained a license for the manufacture of a drug.

In this regard, the act of applying the penal provisions of this case to the prosecutor's assertion is the item of the drug manufactured by the person who obtained permission for the drug manufacturing business.