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(영문) 서울서부지방법원 2014.05.28 2014고정348
의료기기법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in the sale of medical devices under the trade name of “C” from the first basement in Mapo-gu Seoul Metropolitan Government;

A. Even though a person who sells a medical device must report to the head of the competent Gu, he/she sells “a medical device” at the same place from July 2013 to September 11, 2013, without reporting to the head of the competent Gu;

B. Although no person had any false or exaggerated advertisement on the name, manufacturing method, performance, efficacy, or principle of medical device advertising, he/she sold online shopping mall 11 from July 2013 to September 11, 2013 "the medical device," which is a medical device, through the website, and the said slicker sold "the medical device," in which he/she had no efficacy outside the efficacy of relaxing the boom by means of the low-frequency slurgic power, such as "the removal, disinfection, slishing, seling, selthra, selthn, selthn, flador's effect, scarbing, scarbing, scarke, scarcity reduction, scarcity reduction, scarkeing, scarfing, and preventing aging."

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation (Attachment of Written Statements);

1. Application of Acts and subordinate statutes to output photographs (influences No. 16 through 17 of investigation records);

1. Relevant provisions of the Medical Devices Act concerning criminal facts, Articles 52 (1) and 17 (1) (the point of operating sales business of unreported medical appliances), Articles 52 (1) and 24 (2) 1 (the point of an exaggerated advertisement) of the Medical Devices Act, and the choice of each fine;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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