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(영문) 의정부지방법원 고양지원 2018.07.12 2018고단1128
의료기사등에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation that is engaged in electronic commerce in Seoul Mapo-gu building 1377, and the defendant A is the representative director of the corporation B.

1. He/she shall not engage in the affairs of medical technicians, etc. other than Defendant A medical technicians, etc., so he/she shall not prepare and sell eyeglassess or sell contact lensess without an optician's license;

No person shall sell safe and contact lenses by means of electronic commerce or mail order.

Nevertheless, from December 22, 2017 to December 26, 2017, the Defendant sent contact lenses to F’s site without an optician license without obtaining an optician license.

The advertisement posted an advertisement to the effect that “” and sent it to the customers who ordered the contact lenses at their designated locations, thereby selling 205 contact lensess over a total of 125 times, as shown in the list of offenses, as shown in the attached Table.

Accordingly, the defendant sold contact lenses by means of electronic commerce and mail order without an optician license.

2. A, the representative of Defendant B’s Defendant B, committed the above violation in relation to the Defendant’s business at the date and place specified in paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report (Binding of details of sales of contact lenses during the crime period);

1. F homepage;

1. Certified copy of the registry of the corporation;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 30(1)1 of the Medical Technicians, etc. Act, the main sentence of Article 9(1) (main sentence) of the Act on Medical Technicians, Etc., and Articles 31 subparag. 3-2 and 12(5)1 of the Medical Technicians, etc. Act (including the sales of contact lensess by electronic commerce and mail order);

B. Defendant B: Article 32 of the Medical Technicians, etc. Act; Article 30 of the Medical Technicians, etc. Act.

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