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(영문) 대구지방법원 2014.01.08 2013고정2728
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 sells DNA in the name of "C" in Daegu Northern-gu B.

No person shall make a false or exaggerated advertisement about the name, method of manufacturing, performance, efficacy, effect, or mechanism of a medical device in connection with an advertisement of a medical device.

Around August 19, 2013, the Defendant advertised D c on the online site of the market and advertised as if it had the effect of correction despite the absence of the effect of correction, using the phrase, such as “a person who can obtain the effect of improvement of eyesight” and “a person who can obtain the effect of improvement of eyesight”, and “a person who has the effect of improvement of eyesight”, with the focus of snow at low level and who can obtain the effect of correction.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused;

1. A written accusation;

1. An investigation report (Attachment to cases and control status);

1. Application of the statutes governing the content of Gmarkets;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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