Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

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.

On February 19, 2013, the Defendant, the representative of D Co., Ltd. for the purpose of mail order business, indicated that the foregoing company located in Gangnam-gu Seoul Metropolitan Government E, from that time to May 2013, on the company’s Internet homepage (F) of the above company’s Internet from that time, and in advertising G sales sold by the above company, the Defendant advertised that “the use of the above beoper shall assist in brain recovery and blood circulation, and have the effect of correction, light correction, and stoke correction, etc.,” and advertised that the medical device’s efficacy and effect is not a medical device.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to accusation, newspaper advertising materials, website closure data;

1. Relevant Article 52 (1) 1 and Article 26 (7) of the Medical Devices Act concerning criminal facts, the selection of punishment, and the selection of 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;