Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a person who runs the Internet sales business under the trade name of C.

No one shall make any indication on an outer package, packing material, or an accompanying document of any appliance other than a medical device, that is likely to mislead any person to believe that the appliance has a performance, efficacy, or effect similar to that of a medical device, or make any advertisement with such misleading contents, or distribute or lease, store, or display, with intent to distribute or lease, an appliance marked or advertised with such misleading contents.

Nevertheless, around February 20, 2014, the Defendant made an advertisement that could mislead the Defendant into being a medical device by using the phrase, “it is safe to assist in an air market movement,” even though it is an industrial product that is not a medical device, in the case of fin-do 4th floor of the Defendant’s house in Seoul Special Metropolitan City, Nowon-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A written accusation;

1. Application of Acts and subordinate statutes on advertising copies;

1. Relevant provisions of relevant Acts concerning criminal facts, and Articles 52 (1) 1 and 26 (7) of the Medical Devices Act that choose a penalty;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;