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(영문) 수원지방법원 2015.06.10 2015고단932
의료기기법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall sell, lease, award, or use a medical device that did not obtain marketing approval or file a product notification, and even if he/she did not manufacture, import, repair, grant, store, or display for repair, sale, lease, or use, he/she shall not manufacture, import, repair, store, or display, or display any number and picture as a special form of mineral substance on the back of the drum card, the Defendant saw that he/she would benefit by purchasing and selling the diale, which is a medical device identifying the number and picture, as a special form of mineral substance.

On October 8, 2009, the Defendant: (a) purchased a name card manufactured by printing numbers and pictures as special ore dressing materials on the back of the drum card in order to use them for fraud gambling; and (b) purchased contact lenses from D, a manufacturer of wood card, and stored them for sale at KRW 2.50,00 won per set; and (c) continuously sold them to a person who, around that time, purchased a dye card and a c factory’s 300,000 won per set by combining the dye with the dye “T card” and “hee” and sold them to a person who wants to engage in fraud by receiving 30,000 won per set.

As above, the Defendant stored a medical device for the purpose of selling a medical device without obtaining an item license equivalent to KRW 27,820,000 from October 8, 2009 to April 13, 2013 or without filing an item notification, and sold the medical device around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Examination of suspect suspect and statement of D by the prosecution;

1. Application of Acts and subordinate statutes to a copy of a certificate of seizure, a wood card manufacturing factory site photograph, and details of deposit transactions;

1. The provisions of Articles 51 (1) and 26 (1) of the Medical Devices Act applicable to criminal facts and the selection of fines;

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

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