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(영문) 서울중앙지방법원 2013.05.31 2013고정1513
의료기기법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who operates a medical device sales business company C on the fifth floor of Gangnam-gu Seoul Metropolitan Government, and sells a medical device through D, a website.

No one shall advertise the name, manufacturing method, performance, efficacy, or effect of a medical device with no permission or without filing a report.

Nevertheless, from October 29, 2012 to January 14, 2013, the Defendant displayed and sold “F”, which is manufactured and supplied without a medical device permission from the above Internet site, and published an advertisement containing such contents as “F’s patented product for a non-infection treatment device,” “rawing and treating inside the cos,” “raw materials outside the spatch for treatment,” “I would make the person in need of the spatch smooth to f to see the person in need of the spatch,” and “F to arrange to spat down the person in need of the spatch.”

Accordingly, the Defendant advertised the performance, efficacy, and effect of the medical device that was not permitted as above.

Summary of Evidence

1. Defendant's legal statement;

1. Entry in a written accusation;

1. Application of the Acts and subordinate statutes stated in the investigation report (a copy of the summary order), investigation report (a copy of the relevant case), investigation report (a copy of the relevant site advertisement) and investigation report (a Attachment

1. Relevant provisions of the Medical Devices Act concerning criminal facts, and Articles 52 (1) 1 and 24 (2) 5 of the Medical Devices Act that choose a penalty;

1. According to Article 59(1) of the Criminal Act (a) of the Suspension of Pronouncement of Sentence (a punishment to be suspended: a fine of 500,000 won, detention in a workhouse: 50,000 won per day, conditions favorable to the reasons for sentencing as set forth below, etc.), there is no particular criminal history for the defendant, and there is no circumstance to take into account the circumstances leading to the instant crime, and the sentence against the defendant is to be suspended in light of various favorable circumstances for the defendant.

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