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(영문) 서울남부지방법원 2013.05.16 2013고정1269
의료기기법위반
Text

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

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

1. Defendant A is the representative director of the “stock company B” located in Guro-gu Seoul Metropolitan Government building 513.

No one shall put any indication on an outer package, packing material, or an accompanying document of any non-medical device, that is likely to mislead any person to believe that the non-medical device has a similar performance, efficacy, or effect, or make any advertisement with such misleading content.

Nevertheless, on June 27, 2012, the Defendant entered the phrase “E” on the Defendant Company’s website (D) that read “E” sales advertisement, which is an industrial product, as “E, is particularly good for pit women. It can treat female diseases, not only can it be treated, but also can it be known that the flag expense for female Homon is sented, the bones is reduced, and the bones is strong, and that it is possible to prevent the bladrosis.” The efficacy of the primary external radiation: the promotion of blood cycle, organizational regeneration, immunity, antiquation, effication, pain effect, blaging effect, anti-flag effect, fladrosis, flag, salt, flag, and changes in body heat and blood after the use of E, etc.

As a result, the Defendant made an advertisement that could mislead the Defendant to believe that the Defendant has a similar performance, efficacy, or effect as a medical device.

2. As to the defendant B's business, the above defendant A, the representative of the corporation, committed the above violation.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Acts and subordinate statutes on the screen by capturing illegal facts;

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; selection of fines

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

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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