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(영문) 수원지방법원 2017.08.11 2017노1336
의료기기법위반
Text

The judgment of the court below is reversed.

The Defendants are not guilty. The summary of the judgment against the Defendants is published.

Reasons

1. A summary of the facts charged is prohibited from making a false or exaggerated advertisement about the name of a medical device, manufacturing method, performance, efficacy, effect, or mechanism of a medical device in relation to an advertisement of a medical device;

However, on July 14, 2016, the Defendant: (a) at the “B” place of business operated by the Defendant located in Ansan-gu during the period of Ansan-si on July 14, 2016; (b) “BM noise (a medical device)” (a medical device for relaxation of fluencing: heat physiological effect - at all times 36.5 x physical temperature; (c) toxicization effect - hishing effect - reduction and reduction of the total number of electromagnetic waves, and short current current current, giving the cell name - cell activation, cell activation, living south, hardening, fluoring energy delivery; and (d) - By making an inquiry into the upper part of the lower part of the lower part of the lower part of the lower part (hereinafter referred to as “the instant advertisement”). The Defendant posted the above explanation to the customer by making it easier to use the phone by making it easier; and (d) making it easier.

As a result, the Defendant made a false or exaggerated advertisement on the performance, efficacy, effect, or principle of a medical device in relation to the advertisement of a medical device.

2) Defendant B Co., Ltd., at the time and place indicated in paragraph (1), made a false or exaggerated advertisement on efficacy, effect, or principle with respect to an advertisement of medical devices as above.

2. Summary of the grounds for appeal 1) Fact-finding and misunderstanding of legal principles, the content of the instant notice is not false or exaggerated.

2) The punishment sentenced by the lower court (a fine of one million won) is too unreasonable.

3. We examine whether the act recorded in the facts charged ex officio constitutes an advertisement by the method prohibited by the Medical Devices Act.

The Medical Devices Act shall prescribe the method of advertisement.

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