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(영문) 서울동부지방법원 2012.10.24 2012고정1145

의료기기법위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From early May 2009 to December 201, the Defendant sent to the purchaser of the above D, stating that the use manual and explanatory note of “D” (the “C” factory located in Seongdong-gu Seoul, where the Defendant had reported all the duties, and “D” (the E, type name: F) attached to the attached documents of “D” (the “C”) may be expanded to up to 2-4 cm if the Defendant has consistently carried out for at least six months long,” “the fundamental improvement of the issue of launch, dust, and spora,” “the fundamental improvement of the issue of combustion, dust, and spora, etc.”, “the prevention of the causes of combustion, tidal waves, spora, and spoke, etc., and the effect of expanding the volume of the drinking light, including the extension of the volume of spoke, the power of donation, and tidal wave, etc. due to the expansion and spoking movement, together with the above D.

Accordingly, the Defendant indicated on the accompanying documents of a medical device that could mislead the Defendant with regard to the relevant medical device.

Summary of Evidence

1. Legal statement of G;

1. Statement in the public official statement prepared by G;

1. Application of Acts and subordinate statutes entered in attachment (two copies, such as a statement of use);

1. Article 44 (1) 1 and Article 23 (1) 1 of the former Medical Devices Act (wholly amended by Act No. 10564, Apr. 7, 201); Articles 52 (1) 1 and 24 (1) 1 of the Medical Devices Act; the selection of fines, including the relevant legal provisions and the choice of punishment;

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

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