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(영문) 서울서부지방법원 2013.07.24 2013고단688
의료법위반
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendants are dentists who jointly run the “E dental clinic” under the Mapo-gu Seoul Metropolitan Government D 301.

Defendants in collusion with each other from May 24, 2012 to the same year

9. By November 1, 90, the advertisement was made on E and Internet Blogs and website with the content of “non-lostratization and treatment hospital”, and “margument with self-harm,” and made an advertisement with contents likely to mislead consumers.

Summary of Evidence

1. Defendants’ partial statement

1. Accusations, written statements, and written confirmations under the Medical Service Act;

1. Application of the statutes governing the criteria for deliberation on medical service advertisements, screen pictures of Internet NAV advertising, and advertising advertisement;

1. Article 89 and Article 56 (2) 2 of the Medical Service Act, Article 30 of the Criminal Act, and the choice of fines for the crime;

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

1. Article 59 (1) of the Criminal Act for a suspended sentence (a fine of 300,000 won per day of a suspended sentence, and a fine of 50,000 won per day of a suspended sentence);

1. The Defendants did not have any criminal power against the Defendants on the grounds of sentencing, and the expressions used by the Defendants appear to have been widely used in the medical advertisement and deemed to have weak awareness of illegality, and the Defendants modified the contents of the notices after the instant accusation, and paid more attention to the medical advertisement in the future.

Judgment on the Defendants and defense counsel's assertion

1. Although the defendants' assertion that the defendants posted an expression, such as the description of the facts charged, on the Blog and website, it is true that the whole context is to provide the best efforts to provide medical services. Thus, it does not constitute advertisements that are likely to mislead consumers.

2. Determination

A. Article 56(2)2 of the Medical Service Act prohibits a medical corporation, medical institution, or medical person from “advertisement with any content that is likely to mislead consumers by guaranteeing the effect of medical treatment, etc.” and the same Act.

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