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(영문) 대구지방법원 김천지원 2014.02.19 2013고정648
의료기기법위반등
Text

Defendant

A shall be punished by a fine of KRW 3,000,00, Defendant B and C, respectively, by a fine of KRW 1,000,000.

The defendants are the defendants.

Reasons

Punishment of the crime

Defendant

A is the representative of F in the Gu, Si, E B, Dong 2, and the defendant B and the defendant C are the employees belonging to the above priority place of origin.

1. No person who violates the Medical Devices Act shall make any false or exaggerated advertisement concerning the performance, efficacy, and effect of medical devices;

Nevertheless, around November 15, 2012, the Defendants conspired to sell “I”, which is a medical device that has obtained product approval from (ju)G, at the above F Burial. The Defendants sold the medical device to customers H by means of the following methods: (a) the said I sold the medical device to 31 customers, such as H, by selling the medical device, without the efficacy of pregradation line and the prevention and treatment of dementia and pulse, and for the prevention and treatment of dementia and pulse; (b) the Defendants stated that “I medical device would be able to prevent and treat diseases in the pregrae line, dementia, and breath, and to improve the efficacy of the medical device; and (c) sold the medical device to 31 customers, such as H, by means of the foregoing method from around that time to March 26, 2013.

2. No person who violates the Health Functional Foods Act shall place an advertisement with a content that is likely to have efficacy or effect in preventing or treating diseases with respect to the quality, etc. of health functional foods, or to mislead or confuse it as medicine, or make an exaggerated advertisement;

Nevertheless, at the above F Burial around February 21, 2013, the Defendants conspired to sell K 1 set, which is a health functional food, to J, and “this health functional food prevents from being high-quality and various kinds of diseases on the surface of the body,” and advertised the above health functional food as if it had efficacy in preventing and treating diseases, as if it had efficacy in preventing and treating diseases, and in the above manner, 19 customers, such as J, etc., as stated in attached Table 2, are functional health foods.

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