The defendant shall be innocent.

1. The summary of the facts charged is the representative director of the Guro-gu Seoul Metropolitan Government, Guro-gu, and 814, who operates the Internet shopping mall “D” and “E”.

A person who intends to import quasi-drugs shall obtain permission or report from the Minister of Food and Drug Safety for each item, and shall not advertise the names, manufacturing methods, efficacy, or performance of quasi-drugs unless he/she obtains such permission or makes a report thereon.

Nevertheless, from February 27, 2013 to March 20, 2014, the Defendant advertised about 62 items, such as 'C' and 'E', which are non-pharmaceutical products licensed or not reported as non-pharmaceutical products to the Minister of Food and Drug Safety, with the content of ‘Paco prevention', 'Paco prevention', 'Paco prevention', 'Pacopis', 'Pacogs', 'Bacogs', 'Grogs', 'Grogs', 'Grogs', 'Bacogs', 'Bacogs', and 'Bacogs', 'Bacogs' and 'Bacogs', the Defendant advertised many and unspecified persons with the content of ‘use of 100% of natural pulcs', etc.

2. We examine whether the Defendant constitutes “a person who intends to import medicines, etc.” under Article 42(1) of the Pharmaceutical Affairs Act (hereinafter “importer”).

The record reveals the following facts:

The Defendant posted a product advertisement related to a specific non-pharmaceutical as stated in the facts charged at each Internet shopping mall site, and received an application from a customer who visited the above Internet site for purchase of the above product from the customer who visited the above Internet site for the purchase of the product, and received an amount of settlement calculated by adding the delivery charge (the cost for the export clearance charge for the local house delivery charge for the local house delivery charge) calculated according to weight to the individual price of the product, and the price of the product is the three days or exchange rate of the local shopping mall in a foreign country.