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(영문) 서울서부지방법원 2018.08.14 2017고단2104
의료기기법위반
Text

Defendant

A Imprisonment for 6 months, Defendant B's imprisonment for 4 months, and Defendant C's fine for 10 million won.

Reasons

Punishment of the crime

1. Defendant A and Defendant B were working as the head of the operating division of C Co., Ltd. (hereinafter “C”) from April 2010 to December 2016, and Defendant B was working as the representative director from February 2005 to January 2012.

No one shall manufacture, import, sell, or lease any medical device different from the details permitted, certified, or reported.

Defendant

around June 2012, F (Death on June 10, 2014), the head of A and C marketing team, proposed H to sell medical device import in a different manner from the content that he/she obtained a medical device import license [the item license number: J, model: 41202, packing unit: 25/202, packing unit: manufacturer’s packaging unit: 25/20) by subdividing and repackaging the “I” product “I” in the C office located in Jongno-gu Seoul Metropolitan Government G building, and Defendant B instructed Defendant B to sell the product “I” in two separate packagess by item.

Accordingly, from July 2012 to July 2012, Defendant A and F provided two boxes, etc. necessary for the re-Packing of “I” to L Co., Ltd. located in the Jung-gu Incheon Metropolitan City (hereinafter “L”), and subdivided into two copies of the I 25 foot products supplied by H and then then then then then requested Defendant A and F to send the 25 foot product re-packaged to C Industrial Complex located in the member M at the time when he/she becomes aware of the products. The L Team leader around that time: (a) opened the 25 foot package in L warehouse; (b) opened the 25 foot package in each of the above boxes, and put them in the box in each of the two boxes in each of the same box, and carried them out to C. by manufacturing “I” recorded as “seller(State)” and shipping them out to C.

The Defendants, in collusion with F, etc., manufactured two fake I products different from those permitted to import a medical device in the above manner, and stored them in C Ansan Factory on July 2012, sold KRW 23,614, 1,036, 753,000.

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