The judgment of the court below is reversed.

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 10,000,000 won.

1. Summary of grounds for appeal;

A. misunderstanding of facts: Defendant A’s opening of the packages of quasi-drugs manufactured or imported by other quasi-drugs manufacturers or collectors and packaging them, and did not manufacture non-pharmaceutical drugs. Therefore, the conviction of non-reported quasi-drugs and sales in the judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment. 2) In the case of unfair sentencing, the lower court’s punishment (ten months of imprisonment and two years of suspended execution) is too unreasonable.

B. Defendant B (1) misunderstanding of facts: Defendant B (hereinafter “Defendant Company”)

Since it cannot be recognized that Defendant A’s employee manufactures non-pharmaceutical drugs, Defendant A’s company cannot be punished pursuant to both punishment provisions. Accordingly, the judgment of the court below on conviction in the manufacture and sale of non-reported quasi-pharmaceutical drugs is erroneous by misunderstanding the facts and adversely affecting the conclusion of the judgment. 2) Unreasonable sentencing: The sentence of the court below (fine 15,00,000) is too unreasonable.

2. Judgment on the defendants' assertion of mistake of facts

A. (1) A) A person who intends to engage in the business of manufacturing non-pharmaceutical drugs shall be equipped with necessary facilities and file a report with the Minister of Food and Drug Safety in accordance with the facility standards prescribed by Presidential Decree, and shall obtain marketing approval or file a product notification for each item, and no one shall sell, store or display for sale the non-pharmaceutical drugs manufactured without filing a manufacturing report with the Minister of Food and Drug Safety. Nevertheless, the Defendant shall not file a manufacturing business report with the Minister of Food and Drug Safety, and on April 17, 2009, opened two packages manufactured or imported by other non-pharmaceutical drugs manufacturers or importers at the business place of a stock company B located in Echeon-si, Seoul, Inc., and then packages five boxes of the above boxes separately manufactured at the same business place.