Chinanews.com, December 30th. According to the WeChat public account of the General Administration of Market Supervision on the 30th, since the launch of the special governance action for prominent problems in the medical beauty industry, various localities and relevant departments have stepped up supervision and law enforcement, and severely cracked down on various violations of laws and regulations. Behavior.

The State Administration for Market Regulation, the Ministry of Public Security, the National Health Commission, the State Administration of Taxation, the State Food and Drug Administration, the Supreme People's Court, and the Supreme People's Procuratorate jointly selected a number of typical cases for centralized exposure.

　1. The case of Zhu Mouhua obstructing drug management

　　In March 2022, the Market Supervision Bureau of Zhuji City, Zhejiang Province seized more than 3,000 boxes (bottles) of type A botulinum toxin products without legal sources in the premises rented by Zhu Mouhua on the spot, including Korean "La:tox" brand type A meat. 360 bottles of toxin products (commonly known as "ice meat"), and 1 bottle of Korean "TOXSTA" brand type A botulinum toxin products (commonly known as "star meat").

Zhu Mouhua has been suspected of a crime, and the market supervision department of Zhuji City transferred the case to the local public security organ.

After investigation by the public security organ, Zhu Mouhua knew that the above-mentioned botulinum toxin type A had not obtained the relevant approval documents for importing drugs from the state, and sold it for illegal profits, and his personal illegal profits totaled about 100,000 yuan.

The "La:tox" ("ice meat") and "TOXSTA" ("star meat") brand botulinum toxin products involved in the case are not legally marketed in South Korea.

　　In October 2022, the People's Procuratorate of Zhuji City, Zhejiang Province prosecuted Zhu Mouhua in accordance with the law for the crime of obstructing drug management, and put forward precise sentencing suggestions.

In December 2022, the People's Court of Zhuji City, Zhejiang Province sentenced the defendant Zhu Mouhua to one year's imprisonment and a fine of RMB 100,000, and his illegal gains of RMB 100,000 were confiscated. Engage in activities related to the beauty and pharmaceutical industries within three years from the date of the date.

　　2. The case of Chen and others obstructing drug management

　　During the work of the Jilin City Public Security Bureau in Jilin Province, it was discovered that Chen was selling unapproved botulinum toxin, hyaluronic acid and other medical cosmetic injections.

After investigation, the criminal suspect Fang Moufeng and others set up dens to illegally produce botulinum toxin, and at the same time entrusted a company to produce hyaluronic acid for external application as hyaluronic acid for injection, and sold it to Chen through layers of distribution. Chen then distributed the above products to the public Sales.

　　At present, the public security organs have arrested 59 criminal suspects and seized more than 2,000 injections for medical beauty such as botulinum toxin and hyaluronic acid involved in the case, involving more than 37 million yuan.

　　3. "March 20" Interfering with Drug Management Case

　　The public security agency in Hangzhou City, Zhejiang Province discovered during its work that a trading company run by Zhou had used a "50-50 split" method to attract beauty salons in Zhejiang to participate in the high-priced sale of unapproved medical cosmetic injections for whitening, detoxification, and cell activation.

After investigation, the criminal suspect Liu Moulin and others, relying on a company they established, set up dens to illegally produce medical and cosmetic drugs, using packaging materials that counterfeit a certain brand trademark logo and packaging materials that fabricated their own brands for packaging, and developed multiple Level agents, sales through beauty agencies.

　　At present, the public security organs have arrested 44 criminal suspects and seized more than 1,000 boxes of injections involved in the case, involving more than 100 million yuan.

　4. The case of Li Mouping illegally practicing medicine

　　Since 2017, Li Mouping has carried out medical and cosmetology diagnosis and treatment practice activities without obtaining the "Physician Qualification Certificate" and "Physician Practice Certificate", and has been given administrative punishment twice by the Tianjin municipal administrative agency.

In July 2021, Li Mouping carried out illegal diagnosis and treatment activities of medical cosmetology again and was seized according to law.

　　In November 2022, the People's Court of Binhai New Area, Tianjin City sentenced the defendant Li Mouping to six months' imprisonment, suspended for one year, and fined RMB 5,000 for the crime of illegal medical practice; The illegal gains of Li Mouping, the defendant in the case, were confiscated and turned over to the state treasury according to law.

5. The case of Wang Mouhua illegally engaged in medical cosmetology business activities without obtaining a medical institution license

　　The Mudanjiang City Health Supervision and Law Enforcement Bureau of Heilongjiang Province received a report and found that Wang Mouhua was renting a room in an office building to conduct injection rhinoplasty diagnosis and treatment business activities.

After investigation, the party concerned did not obtain a medical institution practice license, and the party and the technicians employed by the party did not obtain the qualifications for practicing doctors. They rented an office in an ordinary office building and engaged in medical beauty treatment business activities without authorization.

The behavior of the parties violated the relevant provisions of the Regulations on the Administration of Medical Institutions.

　　In November 2022, the Mudanjiang Municipal Health and Health Commission imposed an administrative penalty of 100,000 yuan on the party concerned in accordance with the law.

6. Zhejiang Jiaxing Baihui Medical Beauty Clinic Co., Ltd. used unregistered medical devices, purchased drugs from illegal channels, and sold cosmetics whose labels did not meet the regulations

　　The market supervision and management department of Jiaxing City, Zhejiang Province received the materials transferred by relevant departments and found that Jiaxing Baihui Medical Beauty Clinic Co., Ltd. used unregistered medical devices, purchased drugs from illegal channels, and sold cosmetics whose labels did not meet the regulations. Condition.

After investigation, the party involved used third-class medical device products such as "New Ramex" and "Ai Liwei" sodium hyaluronate gel for injection that were not registered in accordance with the law; Purchase lidocaine injection, triamcinolone acetonide injection and other medicines; use cosmetics without Chinese labels.

The above-mentioned behavior of the parties violated the relevant provisions of the "Drug Administration Law", "Regulations on the Supervision and Administration of Medical Devices" and "Regulations on the Supervision and Administration of Cosmetics".

　　In September 2022, the Jiaxing Municipal Market Supervision Bureau confiscated the relevant illegal products of the party in accordance with the law and imposed a fine of 467,200 yuan.

7. Advertising violations of Guiyang Meibel Medical Cosmetic Hospital Co., Ltd.

　　Guiyang Meibel Medical Cosmetology Hospital Co., Ltd. advertises its medical cosmetology projects by publishing soft articles on the corporate WeChat public account.

The advertisement contains "...the original aura and beautiful fox nose: U-shaped ribs, protects the chest cavity, reduces damage, and recovers quickly..." and other assertions or guarantees expressing efficacy and safety; "...comprehensively improves skin quality, suppleness Elasticity +99%, elasticity increase +98%, skin tone brightening +93%, delicate and plump +98%, skin toughness +93%, plumping +99%, skin softness +95%, wrinkle reduction +91% ..." and other content explaining the cure rate or efficiency; "...the most recognized and widely accepted plastic surgery..." and other absolute advertising terms, and use the image of patients to recommend and prove medical beauty projects .

The above-mentioned behavior of the parties has violated the relevant provisions of the Advertising Law of the People's Republic of China.

　　In November 2022, the Nanming District Market Supervision and Administration Bureau of Guiyang City imposed an administrative penalty of 210,000 yuan on the party concerned in accordance with the law.

8. The Fraud Case of Zhu Moubo and Others

　　From April 2020 to March 2021, the defendant Zhu Moubo and others published false information through the Internet in the name of fully subsidizing the cost of plastic surgery in order to seek illegal benefits, and lured victims from all over the country to Wuhan, which was jointly invested and established by him and others. The medical beauty hospital affiliated to Yuexiu Medical Beauty Clinic Co., Ltd. (hereinafter referred to as Yuexiu Medical Beauty Company) accepts "free plastic surgery".

During the period, according to the unified arrangement of the company, the medical beauty consultant of Yuexiu Medical Cosmetology Company required the victim to pay all the plastic surgery costs in advance through the designated small loan platform loan or self-payment, and consume a variety of plastic surgery items at a price higher than the market price. At the same time, it promises that the victim only needs to recommend three to five WeChat friends as company customers every month, send post-operative photos to promote the company, and then all plastic surgery expenses will be refunded in installments, and the victim only needs to bear the interest on the loan.

After returning part of the plastic surgery fee in installments, Yuexiu Medical Cosmetology Company refused to continue the refund on the grounds that the medical cosmetology consultant left the company or the task was upgraded, and the client recommended by the victim must actually consume in the company.

Through the above-mentioned model, the relevant personnel involved in the case divided their responsibilities and carried out the fraudulent activities of "plastic surgery loan". Except for a small part of the illegal income, it was used to pay the operation cost, and most of it was used to pay the sales team commission and shareholder dividends.

In September 2020, some defendants also carried out fraudulent activities basically consistent with the above-mentioned model in the name of the Wuhan Dallas Medical Beauty Clinic (hereinafter referred to as the Dallas Clinic).

As of the incident, Yuexiu Medical Beauty Company defrauded 197 victims of 5.3134 million yuan and returned 1.0974 million yuan.

The Dallas Outpatient Department defrauded 237 victims of 7.9288 million yuan and returned 1.1738 million yuan.

　　In August 2022, the People's Court of Wuchang District, Wuhan City, Hubei Province sentenced the defendant Zhu Moubo to eight years and eight months in prison for fraud and fined RMB 80,000; the other defendants were sentenced to three to ten years in prison. One year and five months, and a fine ranging from RMB 10,000 to RMB 110,000.

After the verdict was pronounced, some defendants appealed.

In December 2022, the Wuhan Intermediate People's Court made a ruling of second instance, rejecting the appeal and affirming the original judgment.

　9. Fraud Case of Xie Moushan and Yu Mouwen

　　Li Mouyu (handled in another case), the person in charge of Yiyazi Beauty Salon in Weining County, Guizhou Province, invited Yu Mouguo (handled in another case) to organize defendants Xie Moushan, Yu Mouwen and other "beauticians" as well as Wang Moulong, Tang Moulong, etc. to expand the source of customers. Mou Chang (both dealt with in a separate case) and other "shopping guides" formed a team to attract victims to the store to experience beauty services in the form of free experience activities.

After attracting the victim to the beauty salon, Xie Moushan and Yu Mouwen covered the victim's eyes, obtained the victim's family situation, income situation and consumption situation through speaking skills, and at the same time used make-up to deliberately consume "Blemishes" on the victim's face, falsely claiming that the black spots on the victim's face are melanin extracted from the skin, and fabricating information such as that the victim will not be able to recover if he does not accept the beauty program to control the victim's mind, and then defraud the victim People paid high fees to accept so-called medical beauty service items, defrauding 118,500 yuan.

　　In May 2022, the People's Court of Weining County, Guizhou Province made a first-instance judgment, finding that Xie Moushan and Yu Mouwen had defrauded other people's property for a huge amount, which constituted a crime of fraud.

Accordingly, the defendant Xie Moushan was sentenced to three years and six months in prison and a fine of 20,000 yuan for fraud; the defendant Yu Mouwen was sentenced to two years and six months in prison and a fine of 10,000 yuan.

At the same time, Xie Moushan and Yu Mouwen were ordered to refund the losses of the relevant victims.

Xie Moushan and Yu Mouwen were dissatisfied with the judgment of the first instance and appealed.

In November 2022, the Intermediate People's Court of Bijie City, Guizhou Province made a ruling of second instance, rejecting the appeal and affirming the original judgment.

　10. Tax evasion case of Rosewood Medical Beauty Clinic (Guangzhou) Co., Ltd.

　　The Second Inspection Bureau of the Guangzhou Municipal Taxation Bureau filed a case for inspection against Guangzhou Rosewood Medical Cosmetic Hospital Co., Ltd. based on the clues of the report.

After investigation, from 2021 to 2022, the party concerned concealed the income from medical beauty services and made false declarations, evaded taxes of 648,600 yuan, and underpaid 10,300 yuan in other taxes.

　　In November 2022, the Second Inspection Bureau of the Guangzhou Municipal Taxation Bureau, in accordance with the "Tax Collection and Administration Law of the People's Republic of China" and related regulations, will recover taxes, impose late payment fees and impose fines on the parties in accordance with the law, totaling 1.0691 million yuan.

(China New Finance and Economics)