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(영문) 서울서부지방법원 2016.03.31 2016고정217
의료기기법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who sells D’s “D” permitted for the purpose of easing pains as a representative of a medical device seller “C” in Daegu-gu B and the third floor.

No person shall make a false or exaggerated advertisement on the name, manufacturing method, performance, efficacy, or effect of a medical device, or on the principle thereof, in connection with an advertisement of a medical device, and shall advertise the name, manufacturing method, performance, efficacy, or effect of a medical device different from those permitted or certified.

Nevertheless, from July 27, 2015 to August 18, 2015, the Defendant’s employee E advertised the effect and effect of “D”, which is an employee of the “C” headquarters in the Daegu Western-gu B and the third floor, permitted for the purpose of relaxation of pain, as an employee of the “C”, was advertised with the following contents: (a) the medical device’s “easing emulsion”; (b) cut off gars, toxinss, and toxinss, which are inside the body to prevent the emulation of cancer cells; and (c) “local decomposition”.

As a result, E, who is the employee of the defendant, made a false or exaggerated advertisement with contents different from those permitted or certified in relation to D's efficacy, effects or principles in relation to the defendant's business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of suspect interrogation of each police officer with respect to E (1, 2 times);

1. An investigation report (including a report accompanied by D Product Information, which is a medical device sold by C A, and accompanying documents);

1. Investigation report (including reports on activities of supervisors of consumer food sanitation who listen to the details of the C false exaggerated advertisement, and accompanying documents);

1. Increase in the report on distribution of medical devices, and the application of statutes governing places of business;

1. Relevant legal provisions concerning criminal facts, Articles 55, 52 (1) 1, and 24 (2) 1 of the Medical Appliances Act that choose a penalty, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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