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(영문) 서울남부지방법원 2015.04.07 2015고정362
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

Punishment of the crime

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

Nevertheless, from early April 2014 to September 31, 2014, the Defendant advertised a medical device “E” through “D”, which is an Internet site, at the office operated by the Defendant in Gangseo-gu Seoul Metropolitan Government, with the phrase “E”, the Defendant made a false or exaggerated advertisement on the efficacy and effect of a medical device, other than the purpose of use for which the Defendant obtained marketing approval, such as “Isnman and Seo-gu food habits, 15 minutes per day, 3-hour physical effects, 15 minutes per day, and more balanced and balanced physical effects.”

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written accusation;

1. Application of the written opinion statutes;

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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