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(영문) 서울중앙지방법원 2017.12.11 2017고정3422
의료기기법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

(c)shall not be included and shall not manufacture, import, repair, store or display for the purpose of sale, lease or use;

Nevertheless, from September 2, 2015 to June 2, 2016, the Defendant imported approximately KRW 717,121,026, from approximately KRW 9,121,026 for men, a man, a medical device (the name of the product: U.S., U.S.) without obtaining permission for import of medical devices (the name of the product) through a website, and advertised approximately KRW 669, 11,460,00 for domestic consumers 279 (new.naver.com).

2. No one shall place an advertisement about the name, manufacturing method, performance, efficacy, or effect of a medical device without permission or certification or with any certification different from the matters reported;

Nevertheless, the Defendant, from September 2, 2015 to June 2, 2016, is a man-made Red Sea (the name of the Defendant: the name of the Defendant’s products), a medical device not permitted to import a medical device from September 2, 2015 to June 2, 2016, and via the country, “The lowest selling company is 0.02, the Red Sea 0.02, the Catoo 0.01, the Katoo 0.01, the Katoo 0.00, the Moto 17,000, the Matoo 0.00, the Matoo 0.00, the Matoo 12,000, and the circulation period until January 2026.

The advertisement, “,” was inserted with the content “.”

Summary of Evidence

1. Statement by the defendant in court;

1. Details of foreign advertisements in the NAV carpet;

1. Details of the purchase and sale of sea mixeds for men;

1. Application of Acts and subordinate statutes on medical device safety management enterprises and product information;

1. Relevant provisions of the Medical Devices Act concerning criminal facts, Articles 51(1) and 26(1) main sentence of the Medical Devices Act (referring to the sale of an unauthorized medical device, including the occupation of an unauthorized medical device), Article 52(1)1, and Article 24(2)5 main sentence of the Medical Devices Act (the occupation of an advertisement for unauthorized medical device) concerning the selection of fines, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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