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(영문) 대구지방법원 2015.08.12 2015고정1340
약사법위반
Text

Defendant shall be punished by a fine of one 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 engages in wholesale and retail business of electronic commerce under the trade name of “B.”

No one shall put a mark on the container, package or appended document that is likely to mislead people to believe that articles other than drugs have medical efficacy, efficacy, etc., or advertise such contents, and shall sell an article indicated or advertised similar to those of drugs, store or display such articles for sale.

1. The Defendant from February 23, 2015 to the same year.

4. Not later than August, 40, Internet advertising address C with 50 units and 5,350 won posted, and “D” advertised “D” as “hyria blocking effects, prevention of intrusion by harmful substances, prevention of respiratory diseases, prevention of pulmonary diseases, and prevention of intrusion by harmful substances,” and advertisements that could be mistaken for health me as part of the designation of non-pharmaceutical scope.”

2. The defendant from February 23, 2015 to the same year.

4. By the 14th day of the Internet Advertising Address E, F, and G, up to KRW 5,020 per piece of advertisement “H” was advertised as “Y Mask”, “Y the complete blocking of the yellow sand in spring,” and “the blocking of the fine dust reduction wall”, and advertised that could be mistaken for health mas which fall within the scope of the designation of non-pharmaceutical products.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of a public official in charge of I;

1. Each information network for the integrated management of false and exaggerated advertisements;

1. Application of Acts and subordinate statutes of Article 2014-152 of the Ministry of Food and Drug Safety Notice

1. Article 93 (1) 10 of the Pharmaceutical Affairs Act and Article 61 (2) of the same Act concerning the applicable criminal facts and the selection of punishment;

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

1. Articles 70 (1) 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;

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