Text
Defendant shall be punished by a fine of KRW 1,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
No person shall make a false or exaggerated advertisement on the name, method of manufacturing, performance, efficacy, effect, or mechanism of a medical device.
Nevertheless, on February 16, 2011, the Defendant advertised the effect and efficacy of the above device without any objective basis, such as inserting “C” with respect to “C” of “A male scopic expansion device constituting a medical device” on the face of B newspaper 27 pages, such as global towing engine devices, large amount, scopic, scopic surgery, and scopic surgery,” and advertised it with respect to the medical device.
Summary of Evidence
1. Defendant's legal statement;
1. A copy of newspaper advertisement;
1. Verifying whether a medical device is a medical device;
1. Application of Acts and subordinate statutes to replies to requests for investigation cooperation;
1. Relevant Article 52 (1) 1 and Article 24 (2) 1 of the Medical Devices Act, the choice of a fine concerning criminal facts, and the choice of a fine;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Consideration of the criminal records of the defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act, the fact that the defendant recognizes and reflects the crime, the fact that the defendant has a disability of class 4 of the brain disease, the circumstances of the crime, etc.