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(영문) 대구지방법원 상주지원 2014.10.28 2014고정156

의료기기법위반등

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who sells a medical device, a private partnership, a health food, etc., in the name of “C” from the second floor of B commercial building at the time of residence.

1. No person who violates the Medical Devices Act shall make a false or exaggerated advertisement on the name, manufacturing method, performance, efficacy, effect, or mechanism of a medical device in connection with an advertisement of a medical device;

Nevertheless, from January 13, 2014 to February 7, 2014, the Defendant intended to sell the above “C” office, and the purpose of selling the medical device’s private association’s private association’s private association’s private association’s private association’s private association’s private association’s private association’s private association’s private association’s private association’s private association’s private association’s private association’s private association’s private association’s private association’s private association’s private association’s private association’s private association’s performance, efficacy, and effect of the above private association’s private association’s private association’s private association’s private association’s private association’s private association’s private association’s private association’s private association’s use

2. Any person who intends to sell functional health foods in violation of the Functional Health Foods Act shall make a report to the competent administrative agency and conduct such business;

Nevertheless, in light of the following: (a) the Defendant is the date and place of the charged facts on February 7, 2014; (b) however, in light of the fact that the Defendant displayed functional health foods from January 13, 2014 to February 6, 2014, and there is no direct data to recognize the sale of functional health foods; and (c) the evidence submitted by the prosecution alone is insufficient to acknowledge it; and (d) there is no other evidence to acknowledge it.

Therefore, this part shall be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act because it constitutes a case where there is no proof of a crime, or inasmuch as it is found guilty of a violation of the Health Functional Foods Act in the judgment related to such a crime, it shall not be sentenced separately

In the above place.