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(영문) 서울서부지방법원 2017.08.18 2017고정276

의료기기법위반

Text

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

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

The Defendant reported a communications sales business under the trade name of “C” in Bupyeong-si B shopping mall underground 24, and sells beauty equipment or mobile phone peripheral devices through the Internet open market.

1. From August 22, 2016 to the 25th day of the same month, the Defendant: (a) imported a medical device for the purpose of selling 50 medical devices from China; and (b) advertised the name, performance, efficacy, and effect of “D” as “D” in the Internet open market, such as crop, artificial scam, etc., and sold a total of 25,000 to 27,00,000 won, and sold a total of 30 persons under the name of the non-person under the name of the non-person.

2. The Defendant distributed a medical device without reporting the distribution of a medical device, without reporting the distribution of the medical device, as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused (including attached materials);

1. Application of Acts and subordinate statutes to each accusation book and investigation report;

1. Relevant provisions of the Medical Devices Act concerning criminal facts, Articles 51(1), 26(1) main sentence of Article 26(1) (including importation of an unauthorized medical device), Article 52(1)1, the main sentence of Article 24(2)5 (the main sentence) of the same Act, Articles 51(1), 26(1)1, and 17(1) (including the occupation of an unauthorized medical device sales, including the occupation of an unauthorized medical device sales,) of the same Act, the main sentence of Article 51(1), Article 26(1)1, and 17(1) of the same Act, the selection of fines;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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