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(영문) 부산지방법원 2014.11.27 2014고정3721
의료기기법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

A person who intends to engage in the business of selling, or who intends to engage in the business of leasing, medical devices shall report the sales business or lease business to the Governor of a Special Self-Governing Province, the head of a Si/Gun/Gu, or the head of a Gu having jurisdiction over the location of the place of business, notwithstanding the fact that the Defendant, without legitimate reporting, leased his/her office from March 2, 2014 to April 7, 2014, by installing “D” banner and standing signboards on the entrance and outer wall of the building, and advertised them. The Defendant: (a) against many unspecified persons who visited the reported place of business, the Defendant used “ON-7” (290,00 won per market price); (b) “AS-300,00” (149,000 won per market price) monthly usage fees of 10,000 won; and (c) sold the medical devices to the person who wishes to purchase and sell the medical devices.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation, accusation, and statement against any offender of the medical devices;

1. A criminal investigation report (Attachment of photographs related to the case);

1. Application of the front section of a medical device, a permit for manufacturing a medical device, a written contract, or an on-site photograph;

1. Relevant Article 52 (1) 1 and Article 17 (1) of the Medical Devices Act concerning criminal facts, the choice of punishment, and the selection of fines;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act (the daily calculation amount: 100,000 won);

1. Article 59 (1) of the Criminal Act (including the fact that no previous case exists and the motive, circumstance, etc. of the crime);

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