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(영문) 인천지방법원 2015.05.29 2014고정3851
의료법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person who operates “D's clinic” in the Nam-gu Incheon Metropolitan City, Incheon.

Where any medical corporation, medical institution, or medical person intends to run a medical advertisement using a medium, he/she shall undergo prior deliberation by the Minister of Health and Welfare concerning the content and method of the advertisement, and shall not advertise any medical advertisement subject to deliberation differently from the content deliberated upon.

Although the Defendant was deliberated by the Medical Advertisement Deliberation Committee of the Korea Medical Association on the purport that “Isero/ddial-a-a-law, and ICL D bills,” the Defendant advertisedd the contents of “Isero/D bills,” which are different from those of the above deliberation, to the appearance of approximately 22 and approximately 50 buses from December 16, 2013 to January 13, 2014, which were operated in the Incheon area from around 16, 2013 to around 36, the Defendant advertised the contents of “Safety Lik’s choice,” and its contents “Isero/D bills,” which are “Isero/D bills,” which are subject to deliberation, and advertised differently from the contents of the deliberation.

2. No medical corporation, medical institution, or medical person shall make an advertisement that may mislead consumers by guaranteeing the effect of medical treatment or in any other way;

Nevertheless, around December 23, 2013, the Defendant posted a letter on the website of the above hospital stating treatment experience, treatment post-treatment devices, and improved vision values of patients who received treatment in the name of a general patient, artist, doctor, or foreigner patient at the above hospital to the effect that “as the time has been significantly improved after receiving the surgery at the above hospital,” and then made an advertisement that is likely to mislead consumers by making it open to the public so that anyone who accessed the above website can see it.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness E;

1. The statement of witness F in the second protocol of the trial.

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