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(영문) 인천지방법원 부천지원 2017.06.23 2017고정408

의료기기법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates the mail order C in Bupyeong-si B, 1817, 1201.

No one shall repair, distribute, lease, award, or use any medical device for which an import declaration has not been filed.

Nevertheless, on May 2016, the Defendant imported the resistant saw Correction machine from the seller of the Buddhist ship in China using the offline, which was the Chinese Internet electronic commerce site, and sold the resistant saw Correction machine, which was the Internet shopping mall from May 23, 2016 to July 8, 2016, to the consumers in 294,200 won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Review and reply as to whether a medical device constitutes a medical device, and online sales notices on the Internet;

1. Investigation report (applicable report on the classification of medical devices to a correction machine of resistant saws);

1. Investigative reports (report on attachment of sales details to corrective devices of resistant saws);

1. Application of Acts and subordinate statutes to investigation reports (the relevant medical device in this case is reported as being subject to reporting);

1. Relevant legal provisions and Articles 51(1) and 26(1) of the former Medical Devices Act (Amended by Act No. 1430, Dec. 2, 2016);

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order has no record of being punished for the same kind of crime, and the period, quantity, etc. of the defendant's sale shall be determined by taking into account the following factors: