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집행유예
(영문) 서울지방법원 2003. 7. 23. 선고 2003고단363, 1934, 3184(병합) 판결
[약사법위반·방송법위반·식품위생법위반][미간행]
Escopics

Defendant 1 and 2

Prosecutor

Park Jae-in

Defense Counsel

Attorneys Choi Han-chul et al.

Text

Defendant 1’s imprisonment, Defendant 2’s fine of KRW 7,00,000, and Defendant 3’s broadcasting of Defendant 3 Company shall be punished by fine of KRW 7,00,00.

When Defendant 2 fails to pay the above fine, the defendant shall be confined in a workhouse for the period calculated by converting 40,000 won into one day: Provided, That a fractional amount shall be one day.

As to Defendant 1, 18 days of detention prior to the pronouncement of this judgment shall be included in the above sentence.

However, with respect to Defendant 1, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

1. A person who intends to operate a business using broadcast channels engaged in specialized in product introduction and sales without approval from the Korea Broadcasting Commission, despite obtaining approval from the Korea Broadcasting Commission, Defendant 1 entered into a broadcast service contract with Defendant 3 Co., Ltd. with the third floor of aviation buildings located in Gangseo-gu Seoul, Gangseo-gu, Seoul, from July 13, 2002 to December 31, 2002, 200 leased 2 satellites from the first, 2 satellites Co., Ltd., Ltd., which leased the 2-satellite 2-satellite, and a satellite broadcast service provider, a satellite broadcast service provider specializing in programming and broadcasting only 24 hours home shopping, and a satellite broadcast service provider, a broadcasting service provider, a broadcasting service provider, etc. under a contract with the Korea Broadcasting Commission, for broadcasting service provider’s broadcasting service provider’s broadcasting service provider’s broadcasting service provider’s broadcasting service provider’s broadcasting service provider’s broadcasting service provider’s broadcasting service provider’s broadcasting service provider’s broadcasting service provider’s broadcasting service provider’s broadcasting service provider’s broadcasting service provider.

2. In collusion with the joint Defendant 4, from December 202 to December 3, 2002, Defendant 1 made an advertisement with the following contents: (a) from the above Defendant 3’s office, Defendant 1 made an advertisement with the content that, if she satisfying the health assistive food, the function between them is recovered, local simple, and local read; and (b) the quality of 15 minutes broadcasting media to the effect that they can be seen as efficacy, efficacy, etc. by improving catherter, high blood pressure, and catching, once again showing the same method as the above 15 minutes, which might lead to misunderstanding that medical efficacy, efficacy, etc. of non-pharmaceuticals have medical efficacy, effects, etc.; and (c)

3. A person who intends to operate a satellite broadcasting business shall obtain permission from the Minister of Information and Communications with the recommendation of the Korea Broadcasting Commission. However, Defendant 2, without obtaining permission from the Minister, from November 1, 2001 to December 17, 2002, sent an apartment complex managed by the above public service enterprises through the above public service enterprises, such as the “Acheon Home Shopping Shopping,” under the name of the Defendant, which is in fact identical with the above emotional media, by transmitting the apartment complex managed by each apartment complex managed by the above public service enterprises through the “ Apartment Pream,” which is the public service establishments, etc., and by transmitting the apartment complex to each apartment complex managed by the above public service enterprises through the above public service establishments.

4. Defendant 3 Co., Ltd.: Defendant 1, the representative of Defendant Co., Ltd., committed the act of violating the duties of Defendant Co., Ltd. as provided in Paragraph 1.

Summary of Evidence

1. The respective legal statements of the defendant 1, 2, and joint defendants 4

1. In the first protocol of the trial, each part of the statements of the defendant 1, 2, and joint defendants 4;

1. Each prosecutor's protocol of examination of the suspect against the defendant 1, 2, and the joint defendant 4

1. Each prosecutor’s statement concerning Nonindicted 1, 2, 3, 4, 5, 6, 7, and 8

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

Defendant 1: Article 105 subparag. 3, Article 9(5) of the Broadcasting Act, Article 74(1)1, and Article 55(2) of the Pharmaceutical Affairs Act, Article 77 subparag. 1, and Article 11(1) of the former Food Sanitation Act (amended by Act No. 6724, Aug. 26, 2002; hereinafter the same shall apply), Article 30 of the Criminal Act

Defendant 2: Article 105 subparag. 3, Article 9(1) of the Broadcasting Act, Article 30 of the Criminal Act

3. Article 107, Article 105 subparag. 3, Article 9(5) of the Broadcasting Act, Article 78, Article 74(1)1, and Article 55(2) of the Pharmaceutical Affairs Act, Article 79, Article 77 subparag. 1, and Article 11(1) of the former Food Sanitation Act, Article 30 of the Criminal Act

1. Formal concurrence (the crime of subparagraph 2 at the time of sale);

Articles 40 and 50 of the Criminal Act

1. Aggravation of concurrent crimes (Defendant 1, 3);

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code

1. Attraction in a workhouse (Defendant 2);

Articles 70 and 69(2) of the Criminal Act

1. Calculation in the number of unconvicted days of detention (Defendant 1);

Article 57 of the Criminal Act

1. Suspension of execution (Defendant 1);

Article 62(1) of the Criminal Act

Judges Noh Jae-in

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