Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a person who carries on a mail order business from August 2016 to the name "C" in Gangnam-gu Seoul Metropolitan Government B.

No one shall put any indication on an outer package, packing material, or an accompanying document of any appliance other than a medical device, that is likely to mislead any person to believe that the appliance has a performance, efficacy, or effect similar to that of the medical device, or make any advertisement with such misleading content.

Nevertheless, from May 2018 to April 7, 2020, the Defendant posted an advertisement on “D”, which is a sports instrument that he sells to Blogs operated by the Defendant, and the Defendant posted an advertisement containing the following contents: “In the event a sports player wears a blogical counter, flag, softed, flaging, snow, and various pains, the outstanding physical correction effect and recovery effect, in the south of the Republic of Korea, in blood cycle, a lot of learning, reputation, and liver pains,” etc.

As a result, the Defendant advertised non-medical devices that could be mistakenly perceived as having the performance, efficacy, and effect similar to the medical devices.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A written accusation;

1. Application of Acts and subordinate statutes to a report on investigation (examination of a suspect's appeal);

1. Relevant provisions of Article 52 (1) 1 and Article 26 (7) of the Medical Devices Act concerning criminal facts; selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;