Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

No one shall put 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 the medical device, or make any advertisement with such misleading content.

The Defendant engaged in electronic commerce in the name of “C” in the second floor 201 of the Kucheon-gu Seoul Special Metropolitan City, the second floor 201, and advertised that, from January 2013 to April 16, 2013, the Defendant sold “D,” which is not a medical device, in the Internet Open Market (www.gmart.co.kr) and advertised the advertisement to the effect that there is any performance, efficacy, and effect similar to a medical device, by stating the phrase “FDA certification, products used for medical treatment, and products used for medical correction, more outstanding physical correction, and outstanding medical effect.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to those who violate the Medical Devices Act, accusation reports, and Internet advertisement suspended screen pictures;

1. Article 52 (1) 1 and Article 26 (7) of the Medical Devices Act applicable to the relevant criminal facts, the selective punishment, and fines;

1. Articles 70 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;