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(영문) 서울남부지방법원 2013.05.23 2013고정1311
의료기기법위반
Text

Defendant shall be punished by a fine of 300,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a substantial representative of the medical device sales company B.

No one shall manufacture, import, distribute, or lease any medical device different from the details permitted or reported.

Nevertheless, the Defendant sold the Internet shopping mall from September 27, 2010 to November 12, 2012, and the Internet shopping mall from February 16, 2012 to August 27, 2012, respectively, a medical device, at the time of selling a creative clothes to the Seoul received-3039, and was reported as Seoul received-3039. Unlike the package units permitted by the Ministry of Health and Welfare 12-1752, the Defendant removed the gambling package and sold it in the separate sheet, thereby gaining profits of 796,000 won in total.

Accordingly, the Defendant sold a medical device different from the package unit permitted or reported.

Summary of Evidence

1. Statement by the defendant in court;

1. The accusation filed by the head of Yeongdeungpo-gu public health center;

1. A written statement of public official C;

1. The Internet closure photographs of the advertising bulletin materials;

1. A investigation report (Attachment, such as a sales statement), and accompanying materials B;

1. A copy of business registration certificate, a medical device sales report, or a report on a communications sales business;

1. Investigation reports (verification of matters to be corrected by a complaint), and partial correction of matters accused against the violator of the Medical Devices Act;

1. A copy of a medical device import license (a copy of investigation records from 132 up to 146 pages);

1. Packing unit of the item concerned (documents to provide overseas manufacturers);

1. Application of the front and back Acts and subordinate statutes to products sold by a suspect (Seoul Receiving 01-3039);

1. Relevant provisions of the Medical Devices Act concerning facts constituting a crime and Articles 52 (1) 1, 26 (2) 1, and 15 (2) (Selection of Fine) of the Medical Devices Act that choose a penalty;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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