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(영문) 인천지방법원 2013.04.26 2013고정921
의료기기법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the sale of health products under the trade name of 507 building C in Incheon Gyeyang-gu.

1. A person who intends to engage in the business of selling medical devices shall report to the competent authorities;

Nevertheless, from January 2010 to January 15, 2013, the Defendant published an advertisement in which the Defendant, established in the above C Office, sells medical appliances for KRW 2.40,00,00 to the private-use association products, which are medical appliances, for 2.40,00 won, and intended to sell medical appliances to unspecified customers.

2. No person shall make a false or exaggerated advertisement about the performance, efficacy, or effect in relation to an advertisement of a medical device;

Nevertheless, the Defendant made a false advertisement at the same time and at the same place to the effect that, as seen above, the advertisement on the stimulater of an individual’s association and the said machinery with the effect of relaxing the fluorratization has an effect on diversification through regional decomposition, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning photographs, matters permitted to manufacture BHB 2005L items, and matters subject to prior deliberation on Internet advertisements after Internet closure;

1. Relevant legal provisions concerning criminal facts, Articles 52 (1) 1 and 17 (1) of the former Medical Devices Act (Amended by Act No. 11690, Mar. 23, 2013); Articles 52 (1) 1 and 24 (2) 1 of the Medical Devices Act ( point of sale without reporting); and selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant asserts to the effect that the Defendant’s assertion on the provisional payment order under Article 334(1) of the Criminal Procedure Act was based on the fact that the personal use cooperative term was a medical device, and that the act as stated in the facts of crime was not committed, and that such mistake constitutes a mistake in the law under Article 16 of the Criminal Act.

However, Article 16 of the Criminal Code is "self."

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