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(영문) 창원지방법원 마산지원 2013.07.11 2013고정369

의료기기법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” in Changwon-si Mhappo-si B.

A person, even though he/she was not allowed to make any false or exaggerated advertisement on the name, manufacturing method, performance, efficacy, effect, or principle of a medical device, on March 4, 2013, he/she advertised and sells medical DNA (E, model name:F) for about seven unspecified older persons visiting for the purpose of purchasing a medical device within the aforementioned “C” on March 15, 2013, while advertising and selling the medical device, and makes a false advertisement on the efficacy and effect.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to lecture explanation materials prepared by a suspect;

1. Relevant Article of the Act on Criminal Facts, Articles 52 (1) 1 and 24 (2) 1 of the Medical Devices for the Selection of Punishment, and Selection of Fines (The fact that those who mainly suffered damage from an exaggerated advertisement of the accused are senior citizens who have been suffering from considerable damage due to an open space and have not been sufficiently enough to keep the money);

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;