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(영문) 서울북부지방법원 2017.03.16 2017고정184

의료기기법위반

Text

Defendant shall be punished by a fine of five 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 operates a medical device experience and retail store under the trade name of “D” in Gangnam-gu Seoul Metropolitan Government.

No one shall make a false or exaggerated advertisement about the name, manufacturing method, performance, efficacy, effect, or mechanism of a medical device.

Nevertheless, at around 15:00 on April 7, 2016, the Defendant invited a nameless lecturer for medical appliances for the purpose of relaxation of pains sold at the above retail shop, and opened to visitors who opened the door only as used by the today's system.

The medical device was advertised as if it had the treatment effect, such as blood pressure, urology, and heart medicine, and was placed in an exaggerated advertisement on the medical device.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A written accusation;

1. Investigation report (to hear statements by telephone from a citizen monitoring group to eradicate inferior foods), investigation report (to hear statements by telephone from a public official in charge of the task force to eradicate inferior foods), and recording summary of the investigation report;

1. D Between May 2015 and present details of shipment.

1. A certificate of reporting on business of selling a medical device;

1. A permit for manufacture of each medical device, and a manual for handling each user;

1. Application of the relevant photographs, field photographs and statutes;

1. Relevant Article 52(1)1 and Article 24(2)1 of the former Medical Devices Act (amended by Act No. 1430, Dec. 2, 2016);

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;