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(영문) 의정부지방법원 2014.08.25 2014고단1953
의료기기법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

In relation to the advertisement of a medical device, no one shall make a false or exaggerated advertisement on the name, manufacturing method, performance, efficacy, or principle of the medical device. However, the Defendant sold the “marsen in 201”, which is a medical device, at B and C office in the Gyeonggi-ri City from December 2, 2012 to April 2014, and the Defendant made a false or exaggerated advertisement on the efficacy of the medical device at the same place, although there is no efficacy of the emulation and the improvement of skin diseases, inasmuch as the emulation of the emulsion in the name is outside the efficacy of the emulation and the improvement of skin diseases, he/she made the false or exaggerated advertisement on the efficacy of the medical device, as well as all diseases.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes on internal investigation reports;

1. Relevant Article 52 (1) 1 and Article 24 (2) 1 of the Medical Devices Act, the choice of a fine concerning criminal facts, and the choice of a fine;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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