logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2020.11.18 2020고단1929
약사법위반
Text

Defendants shall be punished by a fine of three million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A The defendant is the representative of the enterprise that manufactures and sells non-pharmaceutical products in the name of Kimpo-si Co., Ltd. B.

No person shall make a false or exaggerated advertisement about the names, manufacturing methods, efficacy, or performance of drugs, etc.

Nevertheless, around February 10, 2020, the Defendant advertised on the Internet homepage (D) and the package of KF80 Mak products to mislead the Defendant into being a quasi-pharmaceutical (health Mak) certified as KF94 or KF9, by using the phrase “repulmonary protection from infected sources” on the packages of such products.

2. The Defendant Co., Ltd. was a corporation that manufactures and sells non-pharmaceutical drugs, and did not exercise due care and supervision to prevent a violation of A at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on confirmation, voluntary submission documents, field photographs;

1. The pertinent Article of the Act and the selective prosecutor of the punishment for the criminal facts stated the applicable provisions of this part of the facts charged as “Articles 93(1)10, 61(2), and 97 of the Pharmaceutical Affairs Act”. However, in light of the facts charged, even if it is obvious that it is a clerical error and its ex officio correction is made, it does not hinder the defendants’ right to defense. Thus, the above provision

Defendant

A: Articles 95(1)10 and 68(1) of the former Pharmaceutical Affairs Act (amended by Act No. 17208, Apr. 7, 2020; hereinafter the same shall apply) (Selection of Fine)

(b) Defendant B: Article 97 of the Pharmaceutical Affairs Act, Articles 95(1)10 and 68(1) of the former Pharmaceutical Affairs Act

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is that an exaggerated advertisement that may cause confusion to consumers on the packing of KF80 Mack products is not provided for undermining its responsibility. However, after the control, the advertisement phrase was immediately corrected (recept) and KF80 Mac is different.

arrow