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(영문) 부산지방법원 2016.04.20 2015고정4300
의료기기법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is the head of the “D” branch office, “C”, “C,” the representative director of “C,” “F,” the head of the overall headquarters of “C,” and “C,” who sells medical devices on the 3th floor of Busan-gu B building.

“C” manufactured and sold “H” and operated nine branches in the form of door-to-door sales under sponsorship.

No person shall make any false or exaggerated advertisement on the efficacy or effect of a medical device, or on the principle thereof.

Nevertheless, the Defendant, in collusion with E, F, and G on September 22, 2014, sold “H”, which is a medical device that was manufactured at the above C office, which was a medical device that had been reported to I by E, E, F, and G to E, and that was manufactured at E, E, E, E, E, E, E, and E, and the fact is merely an organization that pressures the part of the body of the above H to fix and support the body, but I would be able to improve the appearance of “hye if he wears C, hye, hye and hye and hye and improve the urology and improve the urine level.

Medical instruments permitted by the Food and Drug Administration.

“Along with the fact that the Defendant’s cell phone pictures showing the “the acquisition of H medical device license”, the Defendant’s cell phone printed false or exaggerated advertisements on the efficacy of the above medical device, and as well as on January 2, 2013 through September 22, 2014, sold the above C’s medical device to customers who found the said office in the above manner, and made a false or exaggerated advertisement on the efficacy of the medical device.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to E, F, and G;

1. Statement made to I by the police;

1. Police seizure records;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Medical Devices Act concerning criminal facts, Articles 52(1)1 and 24(2)1 of the Medical Devices Act, Article 30 of the Criminal Act (generally, choice of fines) of the same Act;

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 concerning the order of provisional payment;

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