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(영문) 전주지방법원 2015.06.09 2015고정372
의료기기법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The Defendant is the representative director of the “C” corporation in the B building in Jeonju-si.

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

Nevertheless, around April 2014, the Defendant sold “E”, a product of the said company, via the above company’s website (D) and explained as if noses could have been suffering from a variety of diseases, such as a decline in immunity function, Alphurine disease, and chronic exposure, etc., and explained as follows: “E uses “E”, such as (i) stimulates sofarcing sofarcing so that coschers may cause an increase in respiratory dose, and (ii) increase in co-pulmonary circulation and pulmonary dose by expanding the rain; and (iii) sells F, a product of the said company, and (iv) made an advertisement on the company’s website, and (iv) made an advertisement with the aforementioned company’s medical device’s employees, and (iv) made the advertisement using the above pet account to mislead users into the performance and efficacy of the pet, etc.; and (iv) made the advertisement using the above pet; and (v) made the use of the pet, etc., and thereafter made the use of the pet and its symptoms.

Summary of Evidence

1. Partial statement of the defendant;

1. A H statement;

1. Application of Acts and subordinate statutes to data on Internet closure and investigation reports (Attachment of e-mail data which is an accusation);

1. Relevant Articles 52 (1) 1 and 26 (7) of the Medical Devices Act concerning criminal facts;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is “coke” disease.

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