All appeals by the Defendants are dismissed.

The advertisement of this case, which is erroneous as to the substance of the grounds for appeal, is an advertisement related to the medical act, such as “the act performed by a person” or “the act performed by a person”, which is commonly used in the medical industry, and is not an advertisement related to the medical device. Thus, the advertisement of this case cannot be punished pursuant to the provisions of the Medical Devices Act.

Of the contents of the instant advertisement, the phrase “in successive infusing carbon dioxide and alullus acids,” is interpreted as meaning “in judging the advertisement in question by ordinary consumers with common caution, inserting carbon dioxide influsium,” and does not mean “influsium and allus acids are applied solely by using carbon dioxide and allus.”

In addition, the Defendants actually injected carbon dioxide with the instant devices, and had undergone a separate operation to injecting alluium acid, so the said advertising content is consistent with the facts.

Therefore, the instant advertisement cannot be seen as a false or exaggerated advertisement.

The Defendants merely engaged in the production and management of the instant advertisement to the advertising production company, but did not know at all about the content of the instant advertisement, and thus did not have any intention to make any false or exaggerated advertisements.

misunderstanding of the legal principles (defendant B, C), Defendant B, and C explained patients about the method and side effects of the procedure before the procedure, and the instant procedure was not carried out for the reason that it is different from the advertisement, nor did they receive any objection to the legal liability, and did not cause confusion to the general public due to the advertisement of this case. Thus, the above Defendants’ posting of the instant advertisement on the website or Bro, constitutes a justifiable act that does not go against the social norms.

Sentencing : The punishment of the lower court against the Defendants (the fine of KRW 2 million, Defendant B, and C: each of the fines of KRW 1 million) is too unreasonable.

Judgment on the assertion of mistake.