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(영문) 서울남부지방법원 2019.05.16 2019고정371

의료기기법위반

Text

Defendants shall be punished by a fine of KRW 700,000.

Defendant

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

Reasons

Punishment of the crime

No one shall make an advertisement with any content that is likely to mislead anyone to believe that he/she has a performance, efficacy, effect, etc. similar to a medical device.

1. In order to sell “D” to Internet shopping mall C from August 15, 2018 to October 10, 2018, Defendant A advertised non-medical devices such as “E”, “F”, “G”, etc. as if they had performance or effect similar to medical devices.

2. Defendant (State)B (Representative: Defendant (Representative) was a corporation established for the purpose of selling medical devices, etc., and the representative A, in relation to his/her duties, committed the same offense as Paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement and report of H public official, and accusation of Guro-gu public health clinic;

1. Application of the photographic Acts and subordinate statutes after a written confirmation or closure;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 52 (1) 1 and Article 26 (7) of the Medical Devices Act;

(b) Defendant B: Articles 55, 52 (1) 1, and 26 (7) of the Medical Devices Act;

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

1. In full view of the circumstances under the grounds for sentencing under Article 334(1) of the Criminal Procedure Act (the defendants) and the circumstances leading to the defendant's committing the crime, the circumstances before and after the commission of the crime, and other various circumstances, including the defendant's age, character and conduct, environment, criminal records, etc., as well as the conditions for sentencing as shown in the records and arguments of the case, the punishment shall

Normals disadvantageous: The circumstances favorable to the fact that the defendant has been punished for the same kind of crime: the fact that the defendant recognizes and reflects the crime of this case, and that the profit acquired by the crime of this case is deemed to be written.