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(영문) 서울중앙지방법원 2014. 11. 20. 선고 2014고정1404 판결
[의료기기법위반][미간행]
Escopics

Defendant 1 and two others

Prosecutor

Chief Justice Cho Jong-chul (Public Prosecution) and Lee Jong-soo (Public Trial)

Defense Counsel

Attorney Kim Ho-ho in charge of Seoul General Law Firm

Text

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

When Defendant 1 and Defendant 2 fail to pay each of the above fines, each of the above Defendants shall be confined in a workhouse for the period calculated by converting KRW 100,000 into one day.

To order the Defendants to pay an amount equivalent to the above fines.

Criminal facts

Defendant 1 is the representative director of Jongno-gu Seoul ( Address omitted), Defendant 2 is the chief director of Defendant 3's ○○○○○○○, and Defendant 3 is the corporation established for the purpose of operating sports facilities.

1. An advertisement for a medical device without permission for import;

No one shall advertise the name, manufacturing method, performance, efficacy, or effect of a medical device without obtaining an import license or filing an import report.

A. Defendant 2

Nevertheless, at around 12:46 on January 10, 2013, the Defendant published an advertisement at the sports center at the above ○○○○○○○, stating that the Internet portal site “Nber’s knowledge” search site, the Defendant placed an advertisement on the so-called “Sathohhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Accordingly, the Defendant advertised the efficacy, effects, etc. of the above U.S.T.T.T.T. A medical device without import permission or import declaration.

B. Defendant 3 Company

Defendant 2, who is an employee of the Defendant, committed an offense as above in relation to the Defendant’s business at the time and place mentioned in paragraph (a).

2. Use of a medical device without permission for import.

No one shall repair, distribute, lease, grant, or use a medical device with no import permission or import report.

A. Defendant 1 and Defendant 2

Nevertheless, from January 16, 2013 to October 14, 2013, the Defendants conspired with each other to use the said sports center’s member “Sathath Dodytec”, a sports center’s member.

As a result, the Defendants conspired to use the above U.S. text, which is a medical device for which no import or import declaration was granted.

B. Defendant 3 Company

Defendant 1, a representative director, and Defendant 2, an employee of the Defendant, committed such a violation in relation to the Defendant’s business at the time and place stated in the paragraph.

Summary of Evidence

1. Legal statement of the witness Nonindicted 2

1. The statement of Nonindicted 2

1. A written accusation;

1. Investigation report (to be accompanied by documents submitted by suspects and printed materials of advertisements);

1. Internet output;

Application of Statutes

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

(a) Defendant 1: Articles 51(1), 26(1), and 30 of the Criminal Act (Selection of Fine) of the Medical Devices Act;

(b) Defendant 2: Articles 52(1)1, 24(2)5 (a) of the Medical Devices Act; Articles 51(1) and 26(1) of the Medical Devices Act; Article 30 of the Criminal Act (the use of an imported medical device without permission or without report); and each fine shall be imposed.

(c) Defendant 3 Stock Company: Articles 55, 52(1)1, and 24(2)5 (a) of the Medical Devices Act (a point where an advertisement for a medical device imported without permission or without reporting), Articles 55, 51(1), and 26(1) (a) of the Medical Devices Act (a point where a medical device imported without permission or without reporting is used);

1. Detention in a workhouse;

Defendant 1 and Defendant 2: Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Defendants: Article 334(1) of the Criminal Procedure Act

Judges Park Jin-young

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