The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 9,000,000.

Defendant

A The above fine shall be imposed.

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles on criminal statutoryism 1) The Medical Devices Act does not delegate the definition of items to subordinate laws and regulations, and it is not clear that the definition of items is "items" in individual cases.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged in the instant case on the grounds of the Enforcement Rule of the Medical Devices Act as the product model is erroneous in the misunderstanding of legal principles as to the criminal legal principle, which affected the conclusion of the judgment

2) In light of the legal principles as to import permission of high-class medical devices (related to 11, 12 related to crime inundations), the import of high-class medical devices permitted by class operators cannot be deemed as subject to new import permission or revised license.

3) misunderstanding of facts and misunderstanding of legal principles with respect to import licensing of the EVA product (related to Nos. 7 through 10, 13 through 17 of the crime list), the products imported by the Defendant are only the management number, and are substantially the same products.

Even if another product is a minor change, it is not subject to permission for change.

4) Since a summary order was finalized on January 27, 2018 with respect to the violation of the Medical Devices Act, which is related to the crime of ordinary concurrent crimes with the instant facts charged, the judgment of acquittal on the instant facts charged should be pronounced.

B. The sentence sentenced by the court below (Defendant A: 6 months of imprisonment, 2 years of suspended sentence, and 17 million won of fine) is too unreasonable.

2. Judgment on the Defendants’ misunderstanding of facts and misapprehension of legal principles

A. We examine the assertion of acquittal. On October 12, 2017, a summary order of KRW 3 million was issued on October 12, 2017 as to the Defendants’ importation and sale of medical appliances, which is the same total of 17 times as the list of crimes listed in the separate sheet of crimes, and the facts confirmed around that time.

However, the crime of violation of the above-mentioned Medical Devices Act is committed by Defendant A.