The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) An amount of KRW 5 million received from the victim C as business expenses from the victim C is borrowed from the victim, and thus, the defendant cannot be deemed to have a position to keep the above money for the victim, and even if not, it is used for all the business expenses for the owner of the advertisement, which is the original purpose, so the crime of embezzlement is not established. 2) The fact that the violation of the Pharmaceutical Affairs Act was charged to C without compensation, and there is no fact that it was sold.

B. The sentence imposed by the court below on the defendant (5 million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, 1) misunderstanding of facts or misunderstanding of legal principles, the defendant was transferred KRW 5 million from the victim's victim's victim's victim's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user's user.

B. The defendant has a career of being punished for embezzlement, and the act of selling medicines by a person other than a pharmacy founder is likely to undermine the drug management system and the normal distribution order and cause harm to national health.