Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The Defendant is a person who sells medical appliances under the trade name “D” in North Korea-gu C (third floor) at port, and E is an employee who advertises products to customers in the above store.

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

Nevertheless, from Jun. 26, 2015 to Nov. 14, 2016, E sold medical devices F (Permission Number G), H (Permission Number G), and I (Permission Number G) at the above location. The fact is as follows: F easing the flow, H is merely the efficacy permitted by the authority of the easing the flow, and I is merely the efficacy permitted by the authority of the easing the flow, and the other efficacy and effect of the medical device. However, although there was no fact that the above medical device was permitted by the authority, E advertised the efficacy and effect of the medical device to an unspecified number of unspecified persons visiting the above location, while advertising the medical device with the content that “if it is not possible to treat the patient with the same condition as that of the patient, it is desirable to prevent heavy wind, brain or stroke, the efficacy and effect of the medical device should be treated.”

Defendant E, who is an employee of the Defendant at the above date and time and place, advertised the Defendant’s duties with respect to medical devices.

Summary of Evidence

1. The defendant's legal statement (as at the fifth public trial date);

1. A written accusation;

1. Recording prior to a summary;

1. Application of Acts and subordinate statutes governing the reporting on distribution of medical devices;

1. Relevant provisions of the Medical Devices Act, Articles 55, 52(1)1, and 24(2)1 of the Medical Devices Act concerning criminal facts, the selection of fines, and the selection of fines (see, e.g., Supreme Court Decision 200Do329, Apr. 1, 2001);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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