Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

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.

From December 17, 2012 to March 29, 2013, the Defendant, a person engaging in the Internet mail order business, sold “B” other than a medical device at the Internet shopping mall (www.co., Ltd.) and advertised an advertisement with a content that is likely to mislead the Defendant into being aware of the performance, efficacy, and effect similar to a medical device, by stating the phrase such as “colstrostization”, “blood cycle”, “local decomposition”, “marization balance,” and “promotion of a new ambassador” in the advertisement.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the data-related Acts and subordinate statutes after Internet closure;

1. Article 52 (1) 1 and Article 26 (7) of the Medical Devices Act applicable to the relevant criminal facts, the selective punishment, and fines;

1. Articles 70 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;