Defendant 1 and one other

Eassing poles (prosecutions) and Kasing-hees (public trials)

Attorney Kim Sung-soo in charge of law Firm

Defendant 1 shall be punished by imprisonment with prison labor for 10 months, and by a fine of 15 million won, respectively.

However, for two years from the date this judgment became final and conclusive, the execution of the above sentence against Defendant 1 shall be suspended.

Defendant 2 shall be ordered to pay the amount equivalent to the above fine to Defendant 2.

1. Defendant 1

(a) Manufacturing and selling non-reported quasi-drugs;

A person who intends to engage in the business of manufacturing quasi-drugs shall install necessary facilities in accordance with the facility standards prescribed by Presidential Decree and report the manufacturing business to the Minister of Food and Drug Safety, and shall obtain marketing approval or report item by item, and no person shall sell, store or display for sale the quasi-drugs manufactured without filing a manufacturing report.

Nevertheless, the Defendant, without filing a manufacturing report with the Minister of Food and Drug Safety on April 17, 2009, opened two packages of other quasi-drugs manufacturers or importers of non-pharmaceutical products at the business establishment of the Defendant 2, Inc. from January 1, 2009 to October 8, 2014. After putting five parts of the above box in a single box (emergency box) separately manufactured at the above business establishment, and then putting them in an emergency box separately manufactured at the above business establishment, and then manufactured the "SPE locks" by arbitrarily stating the name, directions for use, effective time limit, etc. as if they were manufactured at the above business establishment, as if they were manufactured, and 671 won per unit price were sold to ○○○○, and 36 won per unit price, from January 1, 2009 to ○○, to 2009, 300 air bags, 50 air bags, etc., 200 air bags, 300 air bags, 380 air bags, etc.

(b) False description and indication of quasi-drugs;

No one shall sell, store or display for sale, any quasi-drugs listed in attachment documents or the containers or packages of quasi-drugs, false or misleading matters concerning quasi-drugs.

Nevertheless, around September 16, 2014, the Defendant stated the name of non-pharmaceuticals in the name of Defendant 2 Co., Ltd. for sale at Defendant 2 Co., Ltd., the Defendant: (a) as “rode swap”; (b) as “rode equal surface sealing”; (c) as “dypump margin margin; (d)” as “dypump margin margin; (b)” as “Neumumumumumumumum warehouse-1(s)”; (c) as “Beumumumumumumumumumumum -1(s)”; (d) as “10cm X10cm”; (e) as “10cm X10m”; and (e) as to the product’s product’s product’s product’s product’s product’s product’s product’s product’s product’s product’s product’s product’s product’s product’s CHINA; and (e) 10 U.K. 2, 2014 OE.K.

The non-pharmaceutical class 17 non-pharmaceutical products not subject to the KGMP, such as the “Nethn” and “Amhum,” shall be deemed to be the government-certified KGMP superior drug products; “Nethn,” “Nethn,” and “Amum,” for non-pharmaceutical products 10 non-pharmaceutical products not subject to the NGP; thus, the non-pharmaceutical products shall be deemed to be the definite products immediately after their opening, and the false statement shall be made as the definite products immediately after their opening;

The purpose of sale is to store 974 non-pharmaceuticals listed on the attached list II, including false or misleading information, as described in the attached list II, on the non-pharmaceutical items, that prohibit the use of them for any purpose other than the container titl washing, stating that “Amhume solution”, “I may be used for the removal of foreign substances in emergency situations and for the washing use in the upper or upper condition,” or that “I may use them for the purpose of selling them.”

(c) False and exaggerated advertisements for quasi-drugs;

No one shall make a false or exaggerated advertisement about the name, manufacturing method, efficacy, performance, etc. of quasi-drugs.

Nevertheless, around July 23, 2014, the Defendant sold the “Saebage challenge system” manufactured by Nonindicted Co. 3 at the Internet site (Internet address omitted) at Defendant 2’s place of business as indicated in the above paragraph (a). As if Defendant 2 had manufactured the said mother challenge system, the name of the product was stated as “ △△△△△△△△△” as if Defendant 2 had manufactured the said mother challenge system. The name of the product was stated as “Sabol for △△△△△△△△△” and the name and quality of the said mother challenge system was stated as “it was approved by the law,” and then, as indicated in the attached Table III, the Defendant advertised matters that are not true about the name and quality of the said mother challenge system from February 18, 2014 to October 1, 2014, and advertised the said “Sabol-si” product with false advertising.

2. Defendant 2 corporation

The defendant is a corporation established for the purpose of developing and selling disaster preparedness products.

Defendant 1, an employee who is the actual representative of the defendant, manufactured and sold non-reported quasi-drugs, such as the above 1-A, b, and c, at the same time and place as set forth in the above 1-A, b, and c, stored false and exaggerated advertisements for the purpose of selling non-pharmaceutical drugs, and sold non-pharmaceutical drugs.

1. Defendant 1’s legal statement

1. A protocol concerning the police and examination of the suspect against the defendant 1 by the prosecution;

1. Statement on Nonindicted 4’s statement

1. A written statement of Nonindicted 5, Nonindicted 6, and Nonindicted 7

1. Reporting on collection of criminal intelligence (names or false advertisements of quasi-drugs);

1. An investigation report [Reports on the purchase of the articles without reporting, the report on the results of the on-site investigation by Nonindicted Co. 3, the report on the items to be permitted, the analysis of the items to be permitted, the report on the purchase of materials and subsidiary materials used for the manufacture of the articles without reporting, the analysis of the seizure and search inspection warrant by Defendant 2, the report on the sales status of the materials and subsidiary materials used for the manufacture of the articles without reporting, the report on the on-site investigation by Nonindicted Co. 8 Co., Ltd. 8, the raw material supplier of the materials without reporting, the report on the on-site investigation by Nonindicted Co. 9, the raw material supplier of the materials related to the manufacture without reporting, the report on the sales details related to the manufacture without reporting, the report on the detailed sales details related to the manufacture of non-reported drugs, the report on the manufacturing details related to the manufacturing without reporting, and the sales details related to the manufacturing of non-reported drugs];

1. As a result of cyber monitoring, product photographs, printed out of the online shopping mall screen of Defendant 2, printed out of the box of △△△△△△△△△ Group, printed out of the selling screen of △△△△△△△△△ in order to carry out the analysis under the Pharmaceutical Affairs Act and subordinate statutes, the analysis contents under the Pharmaceutical Affairs Act and subordinate statutes, copies of labelling labelling paper, work instructions and daily/ weekly production reports, copies of manufacturing work records (2009-2014), on-site photographs, raw materials purchase records, details of sales of non-reported non-pharmaceutical drugs, current status of sales of non-reported drugs, current status of sales of non-reported drugs, the current status of sales of the emergency kis containing non-reported drugs, copies of packing paper, copies of packing paper, copies of packaging paper, packing paper, packaging photographs of Nonindicted Company 11, the current status of sales of non-pharmaceutical drugs, the current status of sales of non-pharmaceutical drugs and the current status of sales of non-pharmaceutical drugs and the current status of sales of each non-pharmaceutical drugs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Defendant 1: Articles 93(1)4, 31(4) (the manufacture and sale of non-reported non-pharmaceutical drugs), 93(1)10, 61(1)1, Article 60 subparag. 1 (the storage of non-pharmaceutical drugs for the purpose of sale of non-pharmaceutical drugs) of the Pharmaceutical Affairs Act, Article 95(1)10, and Article 68(1) (the false and exaggerated advertisements) of the Pharmaceutical Affairs Act, each imprisonment with prison labor;

Defendant 2: Articles 97, 93(1)4, 31(4) (unreported manufacture and sale of non-pharmaceutical drugs), 97, 93(1)10, 61(1)1, and 60 subparag. 1 (storage of non-pharmaceutical drugs for sale of non-pharmaceutical drugs) of the Pharmaceutical Affairs Act, Articles 97, 95(1)10, and 68(1) (the point of storage of non-pharmaceutical drugs for sale of non-pharmaceutical drugs) of the Pharmaceutical Affairs Act, Articles 97, 95(1)10, and 68(1) of the Pharmaceutical Affairs Act

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Suspension of execution;

Defendant 1: Article 62(1) of the Criminal Act

1. Order of provisional payment;

Defendant 2: Article 334(1) of the Criminal Procedure Act

With regard to the facts charged 1-A., the Defendants asserted as follows: (a) in relation to the article 1-A, the Defendants received each finished product from the manufacturer, such as the destroyed spawn, which can be immediately sold, sealed it in the paper stuff and sold it by placing it in the emergency box prepared separately by the Defendant Company; and (b)

Pursuant to the Pharmaceutical Affairs Act, the term "quasi-drugs" includes textile, rubber products or similar products used for the purpose of treating, alleviating, treating, or preventing human or animal diseases; the act of the human body is weak or does not directly act on the human body; the same includes products which are not appliances or machinery; and the medication used for sterilization, killing, and other similar purposes for the purpose of preventing infectious diseases. Furthermore, the Pharmaceutical Affairs Act requires a person who intends to engage in the business of manufacturing quasi-drugs to report the manufacturing of non-drugs; the manufacturer of quasi-drugs to report the item; the manufacturer of non-pharmaceutical products naturally states certain matters; the prohibition of the manufacture of non-sanitary products is prohibited; non-sanitary products are sealed under certain conditions at the time of sale; the manufacturer's inherent nature or efficacy of the products; the manufacturing process of the products; the storage method of the products; the marketing method of the products; and the external content and efficacy of the products; the determination of whether the products are manufactured within the general public's appearance and efficacy.

According to the evidence duly adopted and examined by the court, in calculating non-pharmaceutical drugs, the defendant company purchased non-pharmaceutical drugs from the manufacturer or importer, and used the package in which the trade name of the defendant company separately requested and packaged the above non-pharmaceutical drugs in the form of finished products. In the process, some of the products purchased finished products and opened packing them in a separate space, and then re-packaged them in the following manner. Some of the products are supplied in a cream for non-finished products or non-processed products. The facts can be acknowledged in the defendant company's workplace after being supplied with a cream for a package of non-finished products. The above product's trade name is marked on the face of the defendant company as if the defendant company was manufactured. The defendant company's trade name is affixed to the product's product's product's product's product's product's packing method, capacity, effective period, and precautions. In light of the manufacturing method, manufacturing process, product packing process, appearance of the general public, the defendant's act of selling non-pharmaceutical products can be seen as an act of sale.

This part of the defendant's assertion is without merit.

In light of the fact that the manufacturing of non-reportable products, such as the instant crime, could threaten national health, the false description and indication of quasi-drugs, false and exaggerated advertisements could lead consumers to a false perception of quasi-drugs, and the fact that multiple products have been sold for a long time, the quality of the crime is not easy.

However, the punishment was determined by taking into account the following facts: (a) the Defendants appears to have been partly involved in the simple occupational negligence; (b) the Defendants have led to some crimes; (c) the Defendants have no criminal power to commit the same kind of crime; and (d) the Defendant would have tried to comply with the relevant laws and regulations by asking about the matters relating to the Food and Drug Administration when manufacturing, selling, or storing each of the instant products.

[Attachment]

Judges Lee Jae-soo