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(영문) 서울중앙지방법원 2016.01.20 2015고정4439

의료기기법위반

Text

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

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B, and Defendant B is a sports corporation.

1. Although a person who intends to advertise Defendant A’s medical device must do so after deliberation by the Minister for Food and Drug Safety, Defendant A advertised at the bottom of the 17th page of the 17th page of the C-sports East Asian Newspaper with a content that does not undergo deliberation.

2. Defendant A, the representative director of Defendant B’s Defendant Company, committed an act of violation as described in paragraph (1) above with respect to the Defendant Company’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. A statement prepared by the F;

1. A written accusation;

1. Prior deliberation on advertisements for medical devices and summary of the progress;

1. Implementation report on conditional approval;

1. Notice of the results of prior deliberation on medical device advertisements;

1. A copy of the daily newspaper;

1. All certificates of registration [B] Application of Acts and subordinate statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 52(1)1 and Article 24(2)6 of the Medical Devices Act; Selection of a fine;

(b) Defendant B: Articles 55, 52(1)1, and 24(2)6 of the Medical Devices Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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