However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

The Defendant is the representative of the “C” in the Gangnam-gu, Dong-gu, Dong-gu.

No one shall indicate on the containers, packages, or appended notes any matters other than quasi-drugs, which might lead to misunderstanding that they have medical efficacy, efficacy, etc., or advertise such matters, and shall sell, store, display for sale, or display for a purpose of products which are indicated or advertised similar to such non-pharmaceutical drugs.

Nevertheless, around February 7, 2020, the defendant used the phrase "Public Health Esck (Permission Number F) for the maximum of 95% of fine dust 0.4% of the buyers in the Ministry of Food and Drug Safety" as to "D shopping'C, which is a Internet shopping mall site operated by the defendant, although it was not permitted by the Ministry of Food and Drug Safety as non-pharmaceuticals, the defendant used the phrase "KN95 and Esck for public health" as to "KN95 and Esck for health," and advertised that the product is likely to be mistaken for medical efficacy, effects, etc. as a non-pharmaceutical certified by the Ministry of Food and Drug Safety.

Summary of Evidence

1. Defendant's legal statement;

1. Guidelines for the standards and specifications of the Mask for health use (in a civil petitioner's guide), the closure of a D shopping site C-cap and the current status of permission for food and drugs products for health;

1. Application of Acts and subordinate statutes to investigation reports (written statement by the Director General of Gyeonggi-do Office of Investigation), investigation reports, and hearing statements by suspects;

1. Relevant provisions of the Acts concerning facts constituting an offense and Articles 93 (1) 10, 66, and 61 (2) of the Pharmaceutical Affairs Act (Selection of Imprisonment) of the choice of punishment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act lies in recognizing and against the Defendant’s wrongness, and the primary offender, and the Defendant merely believed and used the advertisement screen while purchasing the Make from H, and did not make a false advertisement under the positive perception. The Defendant’s materials submitted are as follows.