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(영문) 수원지방법원 성남지원 2017.05.24 2017고정563

의료기기법위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Defendant

A is the representative of B.

A person who intends to advertise a medical device shall undergo prior deliberation by the Minister for Food and Drug Safety in accordance with the deliberation standards, methods, and procedures determined by the Minister for Food and Drug Safety.

Nevertheless, from February 2015 to October 10, 2016, the Defendant placed an advertisement on the efficacy and effect of the part (the model name: PHLTON-L, and M) of the JITN-L, which is a medical device, without being deliberated on the B website (C) operated by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. The ledger of reports on medical device sales;

1. Application of Acts and subordinate statutes on the screen by cutting down a sales letter to a course;

1. Relevant Article 52 of the Medical Devices Act, Articles 52 (1) 1 and 24 (2) 6 of the same Act concerning criminal facts, the selection of fines, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;