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(영문) 수원지방법원 여주지원 2018.09.21 2018고정518
의료기기법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No one shall put a mark on an outer package, package, or attachment of any appliance other than a medical device, that is likely to mislead any person to believe that the appliance has a performance, efficacy, or effect similar to that of a medical device, or place an advertisement with such misleading contents, or distribute or lease, store, or display, an appliance marked or advertised with such misleading contents with intent to distribute or lease.

Nevertheless, the Defendant, while engaging in the telecommunications sales business of the trade name “B” around March 2018, 2018, provided that, “Findo findo findo finum (products with small holess in the inner-shaped plastic)” as a product of toy type, “Gindo findo finum finum finum finites findo finum finites finites findo finites without any level of vision correction, reinforcement of eyesight, and ginites finites finites finites finites

Youths using saves due to degradation of vision, senior citizens who use saves, and employees who use a computer for long time.

"The advertisement was made with a misleading content that is likely to be mistaken for the effect of performance and efficacy such as medical devices with respect to the vision of medical devices.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Statement made to C;

1. Application of the relevant Acts and subordinate statutes to evidential materials of a net screen;

1. Article 52 (1) 1 and Article 26 (7) of the Equipment and Appliances Act that cause the relevant criminal facts;

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

1. It is so decided as per Disposition by comprehensively taking account of all the factors such as the sentencing conditions under Article 51 of the Criminal Act, including the time when the reason for sentencing under Article 334(1) of the Criminal Procedure Act exists, the motive for the crime, the deletion of the phrase at issue at present, the defendant's age, sexual behavior, and environment.

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