Text
Defendant shall be punished by a fine of KRW 2,000,000.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who actually runs the infinsium manufacturing business under the trade name of “C” located in the business territory in the business territory of Suwon-si.
No person shall put a mark on containers, packages or appended documents that may lead to misunderstanding that articles other than medicines have medical efficacy, efficacy, effect, etc., or advertise the same contents.
Nevertheless, the Defendant, at the D’s request on June 2019, advertised the above visa on the website of the “C” and made it possible for a large number of unspecified persons to view it as a full recovery of 10% of damp Atopy, stating that “C’s head lives together with the photographs after treatment.”
After all, the defendant put a mark on containers, packages or appended documents that could lead to misunderstanding that they have medical efficacy, efficacy, effect, etc., and advertised these contents.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. Partial statement of witness D;
1. Application of Acts and subordinate statutes, such as photographs posted on the website;
1. Article 93 (1) 10 of the Pharmaceutical Affairs Act and Article 61 (2) of the same Act concerning criminal facts, the choice of punishment, and the selection of fines;
1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that does not post a notice on the website, etc. for the purpose of direct sale to consumers, and thus, damage to general consumers resulting from
1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (when a suspended sentence of imprisonment is invalidated or revoked);