The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. As to the facts charged under paragraph (1) of the facts charged, the Defendant merely compiled and posted some of the advertisements already deliberated by the Minister of Food and Drug Safety with respect to the personal hot fever (the model name: F), which is a medical device, in line with the characteristics of the Internet distribution advertisement. As to the facts charged under paragraph (3) of the facts charged, it cannot be deemed that the Defendant advertised contents different from the contents of the advertisement. As to the facts charged, the Minister of Food and Drug Administration’s disposition to withdraw the import approval of the medical device on March 13, 2014 against the D Co., Ltd. (hereinafter “instant company”) operated by the Defendant (hereinafter “the instant company”), on which the Superintendent of the Regional Food and Drug Administration revoked the import approval of the medical device on March 13, 2014 (the medical vibration, item approval number: L: model name) was illegal, and the judgment to revoke it on the ground of its illegality was rendered in the first instance court of the relevant administrative litigation

B. The lower court’s sentence (two million won of fine) imposed by the Defendant on the Defendant of unreasonable sentencing is too unreasonable.

2. Determination

A. Determination 1 on the charge No. 1) A person who intends to advertise a summary of the charge shall undergo prior deliberation by the Minister of Food and Drug Safety in accordance with the criteria, method, and procedure for deliberation as determined by the Minister of Food and Drug Safety, and shall not advertise any content different from the content of the deliberation. Around February 14, 2014, the Defendant posted an advertisement of the personal hot heat (E model) that is a medical device by accessing the Internet site (E) at the instant company office located in Bupyeong-gu, Seocheon-gu, Nowon-gu, Seoul. The Defendant advertised the contents different from those of the first deliberation by the Minister of Food and Drug Safety by widely deleting the contents of the advertisement deliberated by the Minister of Food and Drug Safety at that time. (2) The Medical Devices Act in the judgment of the lower court provides for matters concerning manufacturing, importing, and selling medical devices.