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(영문) 서울중앙지방법원 2019.05.16 2018고정2948
의료기기법위반
Text

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

However, the execution of the above fine for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Attachment] The Defendant is the representative of Seongdong-gu Seoul Metropolitan Government building B and medical device manufacturing headquarters in subparagraph c, and a person who manufactures and sells “E”, which is a medical device.

The above medical device is a product that has obtained permission for items of a medical device with "improvement, such as interference with blood inflow in a sexual flag," for the purpose of the F.

【Criminal Facts】

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

Nevertheless, on the website (G) of August 28, 2015, the Defendant posted an advertisement containing the phrase “I am flickly good in heart flicking and domination.” On October 13, 2016, the Defendant posted an advertisement on the website (G) stating the phrase “I am flickly good in heart flicking and domination.” On October 13, 2016, the Defendant used the advertisement containing the phrase “I am flicker’s emission power,” “I am flicker’s growth power, can fundamentally escape from the problem of early flicking, I am am flicker’s growth from around 2015 to February 2018.” As such, the Defendant posted an advertisement containing such phrase as “I am flicker’s disease, flick, confecting contribution, heart flicking, etc., on the above medical device.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The application of Acts and subordinate statutes to reports on the arrival of internal investigation and investigation reports, and accompanying materials;

1. Relevant Article of the Act on Criminal Facts and Articles 52 (1) 1 and 24 (2) 1 of the former Medical Devices Act (Amended by Act No. 14330, Dec. 2, 2016);

1. Article 62(1) of the Criminal Code provides that the defendant has the same criminal history, and the period of posting advertisement as stated in the facts constituting the crime in the judgment is short, but the defendant is aged and commits the crime.

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