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Defendant
A, B, and C shall be punished by a fine of KRW 2,00,000, and Defendant D shall be punished by a fine of KRW 1,000,00, respectively.
The defendants are the defendants.
Reasons
Punishment of the crime
1. Joint crimes committed by Defendant A, B, and C;
(a) No person who violates the Medical Devices Act shall make a false or exaggerated advertisement on the name, manufacturing method, performance, efficacy, effect, or principle of a medical device in connection with an advertisement of a medical device;
Nevertheless, the Defendants conspired to sell an outboard investigator, which is a medical device manufactured by Thai-gun Co., Ltd., at the store located in Ulsan-gun G from August 28, 2013 to April 21, 2014, at the store located in Ulsan-gun G, and in fact, the Defendants sold out the outboard investigator, which is a medical device manufactured by Thai-gun Co., Ltd., in fact, even though the above product is helpful for the relaxation of pain, the effect and efficacy of treating cancer is 42 degrees, and the outboard temperature of Alra-gun is discharged by melting 45 roads.
“” explained to the effect that “.
Accordingly, the Defendants conspired to make a false or exaggerated advertisement on the performance, efficacy, and effect of medical devices.
(b) No person who violates any of the medical devices related to self-sufficiency shall sell any product bearing a mark that is likely to mislead the person to believe that the product has a performance, efficacy, effect, etc. similar to that of a medical device in the outer package, packing, or appended document of any product other than a medical device;
Nevertheless, the Defendants conspired on October 4, 2013 to December 2, 2013, sold a self-conceptive machine, not a medical device, at a medical shop located in Ulsan-gun G, Ulsan-gun. In fact, the said product was sold on the packages of the product, stating “ outstanding adult disease prevention and improvement effect” without having been verified in its performance, although it was neither reported nor permitted as a medical device.
As a result, the defendants can be found to have a performance, efficacy, and effect similar to a medical device on the packing of a non-medical device.