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(영문) 서울동부지방법원 2015.05.13 2015고정545
의료기기법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is a person who registered his/her business with the name "C" located in Songpa-gu Seoul Metropolitan Government, obtained permission from the Minister of Food and Drug Safety to distribute a medical device (D) and sells a medical device.

No one shall make a false or exaggerated advertisement on the name of a medical device, manufacturing method, performance, efficacy, effect, or mechanism of a medical device.

Nevertheless, on July 2014, the Defendant advertised the Internet shopping mall website (BOSON) that the “bOSN” was sold, and advertised as if it had an effect on multiple documentary evidence, while advertising the “multi- documentary evidence/loss” at the Internet shopping mall website.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Orders for correction or administrative guidance related to advertising medical devices;

1. Application of Acts and subordinate statutes to investigation reports (business registration certificate attached);

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

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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