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Defendants shall be punished by a fine of KRW 700,000.
Defendant
If A does not pay the above fine, 100,000.
Reasons
Punishment of the crime
1. Defendant A is the representative of Defendant B (hereinafter “Defendant B”) located in Seocho-gu Seoul Metropolitan Government (hereinafter “Defendant B”).
A person who intends to engage in the business of selling or leasing medical technicians shall report the sales or lease business to the head of a Si/Gun/Gu having jurisdiction over the location of his/her place of business, as prescribed by Ordinance of the Prime Minister.
Nevertheless, from August 2014, the Defendant sold “SCA900 (No. 95-3)”, which is a medical device, on the website (E), without reporting sales business to the competent authorities at the above location.
2. Defendant B violated the above paragraph 1 with respect to Defendant A’s work at the same date and at the same place as the above paragraph 1.
Summary of Evidence
1. Defendants’ legal statement
1. Written statements and written certifications;
1. A report on investigation;
1. Application of Acts and subordinate statutes to accusations and photographs posted on the website;
1. Relevant legal provisions and Defendant A’s choice of punishment on criminal facts: Article 52(1)1 and Article 17(1)(1)2 of the Medical Devices Act (Optional to a punishment): Articles 55, 52(1)1, and 17(1)1 of the Medical Devices Act;
1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;