Punishment against the Defendants shall be prescribed as a fine of one million won.

Defendant

A does not pay the above fine.

Punishment of the crime

Defendant

A is a corporation established for the purpose of manufacturing industrial products and Defendant B (representative A).

1. No person who intends to make an advertisement of a mark that might lead to misunderstanding that products which are not medicines have medical efficacy, efficacy, or effect, etc.;

Nevertheless, around the end of December, 2015, when supplying “D” products, the direction-based Band, to C, a customer of B, the company, published the product page on the Internet Financial Services Commission website on January 11, 2016, on the product page advertisements, stating the false exaggerated advertisement phrase, “the effect of sterilization and anti-control”, “to be used from panste to panste to panste,” “to be used for snow health, respiratory disease, or disease prevention” and “to be supplied by panste on the Internet homepage.”

As a result, the Defendant falsely advertised “D” products, not pharmaceutical products, as if they have medical efficacy.

2. As described in paragraph B1 of this Article, A, the representative director of the defendant, committed an offense against the defendant's business.

Summary of Evidence

1. The Defendants’ respective legal statements

1. The Defendant advertised “D” other than medicine, and used an expression that could be mistaken for the general public to have medical efficacy in D, as indicated in its reasoning.

Defendant

A also recognized this point at the time of police investigation.

In light of these circumstances, it can be sufficiently recognized that the Defendants committed the instant crime.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 93(1)10 and Article 61 of the Pharmaceutical Affairs Act, and the selection of fines

B. Defendant B: Articles 97, 93(1)10, and 61 of the Pharmaceutical Affairs Act

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The order of provisional payment;