The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the facts charged is a person who operates an electronic commerce enterprise called "D" in the 6th floor of Goyang-dong B building in Goyang-si.

A person who intends to engage in import business of animal therapeutic devices shall report the import business to the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries, as prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs or Ordinance of the Ministry of Oceans and Fisheries.

Nevertheless, the Defendant did not report the import business to the competent authorities, and imported and sold 28 items total of 168 items, including shampoo and rinse, shampoo and rinse, wheeler, soil ice pressur, and cream, etc. from September 2017 to September 2019.

2. Determination

A. Article 93(1)10 of the Pharmaceutical Affairs Act provides that "a person who violates Article 61 shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won, and Article 61(1)2 of the Pharmaceutical Affairs Act shall not sell, store or display for sale drugs manufactured or imported in violation of Article 42(1)." Article 42(1) of the Pharmaceutical Affairs Act provides that a person who intends to engage in the business of importing drugs, etc. (hereinafter referred to as "importer") shall report to the Minister of Food and Drug Safety as prescribed by Ordinance of the Prime Minister, and shall obtain permission or report from the Minister of Food and Drug Safety for each item."

Therefore, in this case, in order to regulate the Defendant’s act of running an electronic commerce company pursuant to Article 93(1)10 of the Pharmaceutical Affairs Act, the Defendant’s act is “importer” under Article 42(1) of the Pharmaceutical Affairs Act.