The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) the Defendant advertised by using the expression “D” that was not deliberated upon while selling the automatic blood pressure system from around April 2016 to August 2, 2016 from the Internet shopping mall; and (b) the introduction of private articles is also deemed to be included in part of the advertisement; and (c) in order to use the said expression for advertising, it shall be deemed that the Defendant advertised contents different from those deliberated upon.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous in the misapprehension of legal principles.

2. Determination

A. The summary of the facts charged is that the Defendant, on February 11, 2015, reported on the marketing of medical devices in the Namyang-ju City, and thereafter, is engaged in the marketing of medical devices in the online open market in the trade name of “C”.

No one shall place an advertisement with any content different from that deliberated upon in connection with an advertisement of a medical device.

Nevertheless, from April 2016 to August 2, 2016, the Defendant placed an advertisement using the expression “D” differently from the prior deliberation, when selling automatic blood pressure (a model name: BP3BM1-3) from the Internet shopping mall, such as “heat,” etc.

B. The lower court determined that: (a) around January 2014, approved prior deliberation on the above blood pressure system (hereinafter “the instant medical device”); and (b) the content of the advertisement, which was deliberated, mainly, provided explanation on the shape, structure, product description, method of use, and product component of the instant medical device; (c) the Defendant advertised the instant medical device on the Internet shopping mall with the same content as the prior deliberation, while advertising the instant medical device; (d) indicated the phrase “D” that is irrelevant to the prior deliberation on the advertisement column; and (e) indicated the Defendant’s sales.