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(영문) 울산지방법원 2018.04.20 2018고정142
약사법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person operating “D” in Ulsan-gun C. Ulsan-gun.

No one shall put a mark on the container, package or appended document that may lead to misunderstanding that articles other than drugs have medical efficacy, efficacy, etc., or advertise such contents, and shall sell, store or display for sale, articles which are indicated or advertised similar to those of drugs.

Nevertheless, from March 2016 to July 26, 2017, the Defendant advertised “net ground” on an Internet site (E, F) opened for the purpose of selling “net ground water,” which serves as simple mineral purification, etc. at the above “D office,” and published the phrase “to strengthen the carbon force of the skin, kids, livers and wing diseases, and to mislead the patient with medical efficacy, effects, etc. by posting it together with photographs, such as learning, extinguishing engines, bones, and adjacent physical systems, and new boundary diseases.

Summary of Evidence

1. Statement by the defendant in court;

1. E-mailed outputs of the net tamp site, outputs of the E-mail screen and advertising screen outputs, Fmer screens, and outputs of the product sales screen;

1. Application of the Act and subordinate statutes to a report on investigation (verification of the effect of direct intake in theG and treatment of diseases);

1. Relevant Article of the Act and Article 93 (1) 10 of the Pharmaceutical Affairs Act and Article 61 (2) of the same Act concerning facts constituting an offense (excluding punishment);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which led to the confession of and reflects on a crime, the fact that there are no criminal records for the same kind of crime and the fact that the product recorded in the criminal facts was not sold at all, is the defendant's age, sexual behavior.

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