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(영문) 의정부지방법원고양지원 2020.11.04 2020고정355
의료기기법위반
Text

The defendant is not guilty. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged in the instant case is that Defendant A operates a medical device dealer called “C” in the Goyang-dong-gu B and the second floor in Goyang-si.

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

From January 1, 2019 to December 31, 2019, the Defendant published an advertisement on the effectiveness and effect of the relevant medical device by inserting an advertisement to the effect that “The physical energy, such as sexual intercourse impulses (report number: D, model name: V.S.T., and appliances used as doctors’ prescriptions and guidance, to improve blood inflow interference, etc. in the sexual organ, such as the nuclear and sea body harmful to the human body)” from the foregoing location to the general public.

Accordingly, the Defendant violated the Medical Devices Act.

2. Determination:

A. According to the evidence duly adopted and examined by this court, the following facts are revealed.

1) On April 18, 2007, the Defendant filed an application with the G Commission affiliated with the F, an incorporated association, for the deliberation of advertisements on the sexual impulses electric shock as indicated in the facts charged. 2) On April 30, 2007, upon the said application, the G Commission approved on April 30, 2007 (Review Number H) includes the phrase “this principle of patent refers to the technology that can fundamentally improve not only the electric breach but also its power and speed but also its small and small problems.”

Advertisements approved shall be as shown in the attached Form.

B. The medical and natural medical evidence that can be seen as false or exaggerated is that the phrase “the motive and background leading up to the entry of the instant phrase in the advertisement indicated in the facts charged” is considered as false or exaggerated.

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