A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

No one shall put a mark on the containers, packages or appended documents that may lead to misunderstandings that they have medical efficacy, efficacy, etc., or advertise such contents, and shall sell, store or display for the purpose of sale, items indicated or advertised similar to those of drugs.

1. The Defendant from March 1, 2013 to the same year.

4. By December 21, 200, the Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City(hereinafter “Amerin”)’s sexual function improvement was approved by the U.S. FDA and distributed the leaflets to the effect that it was outstanding in advance of its donation, negopathic disease, and global history improvement.

As a result, the defendant advertised that the product that is not a drug is likely to be mistaken for medical efficacy and effect.

2. From March 1, 2013 to April 26, 2013, the Defendant sold 10 copies (20,000 won per 20,00 won per 20,00) to unspecified consumers who reported and found the same leaflet as the preceding paragraph.

As a result, the Defendant sold what was indicated or advertised similar to the medicine.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Requests for appraisal and inspection by the State;

1. Application of the Act on the Advertisement Complex;

1. Article 93 (1) 10 and Article 61 (2) of the Pharmaceutical Affairs Act concerning facts constituting an offense, the choice of imprisonment;

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

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

1. In light of the fact that the same kind of force for the sentencing of Article 48(1)1 of the Criminal Act can be met, the court shall choose to suspend the execution of the sentence, taking into account the sales period, sales volume, profits generated from the crime, etc. of the “in the instant case” into account.