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(영문) 부산지방법원 서부지원 2020.02.06 2019고단652
의료기기법위반
Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

B is a corporation established for the purpose of manufacturing new parts, etc., and Defendant A is a representative director of the above corporation.

1. No person shall put any indication on an outer package, packing material, or an accompanying document of any appliance that is not a medical device, that is likely to mislead any person to believe that the appliance has a performance, efficacy, or effect similar to that of a medical device, or include any advertisement with such misleading content;

From December 9, 2018 to December 15, 2018, the Defendant used the phrase “The Security Department shall alleviate pains, such as knee, hume, hume, and kneod, by relaxinging pains,” and the phrase “products with de facto recommendation of the thickness of the middle-aged knee, hume, or having any disease related to the outbreak,” which read as “products with positive recommendation of the thickness of the new knee, hume, and knee.”

As a result, the Defendant made an advertisement on the bottom of a new device, which is not a medical device, that is likely to mislead the Defendant to believe that it has the efficacy and effect similar to a medical device.

2. Defendant B, a representative of the Defendant, committed the above offenses in relation to the Defendant’s business at the above date, time, and place.

Summary of Evidence

1. Defendants’ partial statement

1. E statements;

1. Accusation of a violator of the Medical Devices Act from an academic Gu public health clinic;

1. Application of the Acts and subordinate statutes to photograph the advertisement screen;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 52 (1) 1 and Article 26 (7) of the Medical Devices Act (Selection of Fines);

(b) Defendant B corporation: Articles 55, 52 (1) 1, and 26 (7) of the Medical Devices Act (Selection of Fines);

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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

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