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(영문) 서울중앙지방법원 2011.12.20 2011고정4416
의료기기법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is in charge of the advertisement of the medical device manufacturer's 'D' in Jongno-gu Seoul Metropolitan Government 506.

No person who intends to advertise a medical device shall do so without deliberation by the Commissioner of the Korea Food and Drug Administration in accordance with the criteria, method, and procedure for deliberation determined by the Commissioner of the Korea Food and Drug Administration, or advertise contents different from those deliberated by the Commissioner of the Korea Food and Drug Administration, or make any false or exaggerated advertisement concerning the efficacy and effect of

1. On June 11, 2010, the Defendant advertised on the Ethy Ethical A3 page, “If the effect is not satisfied during the 30-day use of the medical device 100% refund system, the Defendant would refund 100% without delay to the general public. This doctrine of patent is different from the content deliberated on, for the purpose of informing the general public of the general public of the content that “I would like to refer to the technology that can fundamentally improve the problem of prior lease and that would not have any power, and that would mean the technology that can fundamentally improve the problem of “the”.”

2. Around June 11, 2010, the Defendant advertised “D’s Internet homepage (F) column of D’s Internet homepage” to the effect that “I see the effect of improvement with three minutes per day on the efficacy and effect of the above medical device,” and advertised “I see the effect and effect of improvement with three minutes investments per day.”

Summary of Evidence

1. Partial statement of the defendant;

1. Delivery of materials related to accusation against violation of the Medical Devices Act (G public official's statement, E-day copy, and advertising materials deliberated upon);

1. Report of investigation (to attach an advertisement on the D Internet homepage, a one-wayp45), and the application of statutes;

1. Relevant provisions concerning facts constituting an offense;

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