A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who runs a wholesale and retail business of cosmetics, etc. under the trade name of "C" in Namyang-si, Namyang-si.

No one shall put any indication on the containers, packages or appended notes that may lead to misunderstandings as to medical efficacy, efficacy, or effect, or make any advertisement with such contents, and shall sell any article which is indicated or advertised similarly to drugs, store or display them for sale.

Nevertheless, from June 3, 2019 to March 6, 2020, the Defendant sold an aggregate of KRW 27,042,000 in total on 77 occasions from June 3, 2019 to March 6, 2020 by posting photographs and explanatory materials as if the above products have the effect of treating such products, such as mincing, mincing, and mincing, thereby leading buyers to misunderstand or to purchase exaggerated advertising products by reporting the contents of the products.

As a result, the Defendant sold non-pharmaceuticals by marking or advertising that may be mistaken for medical efficacy, effect, etc.

Summary of Evidence

1. Application of the accused's legal statement, mail petition, report on the result of product inspection to each investigation report, and sales details by product;

1. Article 93 (1) 10 of the Pharmaceutical Affairs Act and Article 61 (2) of the same Act concerning the applicable criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Incompetence] is not good in that the crime, like this case, may have a favorable impact on the public health, and is likely to be subject to criticism.

In violation of the Pharmaceutical Affairs Act.