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(영문) 의정부지방법원 고양지원 2017.06.23 2016고정964
의료기기법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who operates a company that sells medical devices under the trade name of “(State)C”.

No one shall repair, distribute, lease, award, or use any non-reported medical device, and no person who intends to advertise a medical device shall undergo prior deliberation by the Minister for Food and Drug Safety in accordance with the deliberation standards, methods, and procedures set by the Minister for Food and Drug Safety, but shall not undergo deliberation by the Minister for Food and Drug Safety, or advertise differently from the details deliberated.

Nevertheless, on January 2016, the Defendant advertised 19 medical devices, which did not undergo prior deliberation on the Internet homepage (D) for the first time, and sold 19 household effects, including knee kne kne viss, during the period from around that time to May 4, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Inquiries into each fact;

1. A written accusation;

1. Application of Acts and subordinate statutes governing posting medical appliances Internet advertisements;

1. Relevant provisions of the Medical Devices Act concerning criminal facts, Articles 51(1), 26(1), 52(1)1, and 24(2) of the same Act concerning the option of punishment, and the choice of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act of the Suspension of Sentence (The circumstances leading to the crime of this case, the circumstances after the crime, the fact that the defendant has no record of holding the suspension of sentence, the age, sex, environment, etc. of the defendant);

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