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(영문) 수원지방법원 성남지원 2013.07.05 2013고정782
의료기기법위반
Text

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

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

Reasons

Punishment of the crime

1. From June 201 to July 2012, the Defendant sold 200,000 won, which is a medical device, to the Internet market site, using the trade name “C” without reporting to the competent authority, and selling the medical device to the Internet market site, “280,000 won,” which is a medical device.

2. The Defendant, at the time, at the time, and at the place specified in the foregoing paragraph 1., sold a medical device as above, and advertised online market sites by using articles that may mislead or mislead an oriental medical doctor, etc. to guarantee or recommend the performance, efficacy, and effect of the medical device, or to use such a medical device.

3. The Defendant, at the date, time, and place specified in the foregoing Paragraph 1., sold a medical device as above, and advertised the medical device as described in the foregoing Paragraph 2. without being deliberated by the Minister of Food and Drug Safety.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A written accusation;

1. Application of Acts and subordinate statutes to report on investigation (Submission of details of purchase, etc. of suspects A, and submission of data on medical devices at subordinate cities;

1. Relevant provisions of the Medical Devices Act concerning criminal facts, Articles 52 (1) 1, 17 (1) (the occupation of a sales business of unreported medical appliances and a fine) of the Medical Devices Act, Articles 52 (1) 1, and 24 (2) 2 (the occupation of an advertisement that is likely to use an article and a fine) of the Medical Devices Act, Articles 52 (1) 1 and 24 (2) 6 (the selection of a fine) of the Medical Devices Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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