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(영문) 인천지방법원 2017.09.08 2017고정1722

의료기기법위반

Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of the company B, who manufactures and sells medical devices in the Nam-gu Incheon Metropolitan City C and the third floor, and Defendant B is a corporation established for the purpose of manufacturing and selling medical devices.

No one shall make an advertisement with respect to a medical device without deliberation or with any content different from those deliberated upon.

1. From early January 2017 to February 24, 2017, Defendant A advertised the following Company B to the effect that, through the Internet shopping mall’s NAV, Defendant, without undergoing deliberation in relation to the expansion of medical use (PASA) which is a medical device, Defendant A placed an advertisement with the following purport: “SA,” without undergoing deliberation in relation to the strike entering the mouth, dyke, dyke, and dyke treatment for dyke-free treatment, so Croke, dyke-free treatment efficiency-oriented increase, NOk, and dyke-free side effects.”

2. Defendant B Co., Ltd. committed the above violation in relation to the Defendant’s business at the above date, time, and place.

Summary of Evidence

1. Defendant A’s legal statement

1. Application of Acts and subordinate statutes on printed materials of Internet shopping mall advertisements;

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

1. Defendant A to be 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