Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

The Defendant is a person who sells a medical device under the trade name of “B.”

No one shall put a mark on an outer package, package, or appended document of any appliance, other than a medical device, that carries a performance, efficacy, or effect similar to that of a medical device, place an advertisement with such content, and sell or lease, store, or display, for the purpose of selling, or leasing, an appliance, other than a medical device.

Nevertheless, on June 28, 2018, the Defendant sold medical devices C (the name of a product: the patient himself/herself, item license number: D, manufacturing business: E) in online shopping mall, online shopping mall, or in greenhouse, and thereby increased the number of believers by increasing the number of believers.

“The advertisement indicated that “the new Ambassador is active and helps to revitalize cells by making the blood cycle good.”

As a result, the defendant advertised that there is a similar performance, efficacy, effect, etc. to the medical device, which is likely to be easily perceived.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes governing an accusation, G’s written statement, advertising photography;

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

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;