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(영문) 서울서부지방법원 2018.02.09 2017고단3309

의료기기법위반

Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

From July 1, 2016 to December 31, 2016, the Defendant sold the amount equivalent to KRW 22,727,273 in total of the market price of a medical device to “H” of a medical device seller operated by G, without reporting the distribution of a medical device, from “F member,” operated by the Defendant on Seoul Mapo-gu and fourth floor to “Seoul Mapo-gu”, and without reporting the distribution of a medical device.

As a result, the Defendant did not report the sale of medical devices to the competent authorities while running the business of selling medical devices.

Summary of Evidence

1. The Defendant’s statement in the court stated through his defense counsel that “The Defendant did not commit any act constituting the facts charged in the instant case with the intent of violating the Medical Devices Act,” but in addition to other statements on this, it appears to the effect that considering the sentencing rather than the assertion that there was no intention to violate the Medical Devices Act, it would not be a proper perception of illegality, and thus, it would be difficult to view the Defendant as a confession of the facts charged.

1. A written statement of the I (including attached data);

1. Application of investigation reports (F Council members, verification of data as to whether business operators selling medical devices have reported), investigation reports (F Council members, or verification of product details sold to H business establishments during the period of distributing non-reported medical devices);

1. Relevant Article 52 of the Medical Devices Act and Articles 52 (1) 1 and 17 (1) of the same Act concerning criminal facts;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not appear to have complied with the reporting procedure with the intent of the Defendant to engage in illegal business, such as omitting tax returns, and the reporting procedure is not too complicated or costly required, and the relevant medical device gains a large amount of profit by omitting the reporting procedure by the Defendant as it contributes to a medical instrument that can be sold only if it is reported.

It is not determined, and the other party to the sale has the intention to transfer the hospital to the defendant.