Text
Defendants shall be punished by a fine of KRW 80,000.
Defendant
If A does not pay the above fine, 100,000.
Reasons
Punishment of the crime
Defendant
A is the actual operator of the defendant(state)B company that sells the medical device with the Guro-gu Seoul Metropolitan Government C Building and the office of heading D.
1. A person who desires to carry on the business of selling Defendant A medical appliances shall report on the sales to the competent authority at each place of business in accordance with the Ordinance of the Ministry of Health and Welfare;
Nevertheless, on September 20, 2019, the Defendant sold a non-permanent extension machine equivalent to 11,900 won at the website of the Internet shopping mall E without reporting sales business to the competent authority.
2. (State) Defendant B’s actual operator of Defendant B, as described in the foregoing Paragraph A, committed the Defendant’s business violation as described in the foregoing Paragraph 1.
Summary of Evidence
1. Defendants’ respective legal statements
1. A written accusation and a written statement of F;
1. Other closure photographs of a shopping mall;
1. Business registration certificate, certificate of report on the distribution of medical appliances, and certificate of report on the distribution of medical appliances;
1. Application of Acts and subordinate statutes to report on investigation (to hear statements from persons in charge);
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Articles 52(1)1 and 17(1) of the Medical Devices Act, and the choice of fines;
(b) Defendant B corporation: Articles 55, 52 (1) 1, and 17 (1) of the Medical Devices Act;
1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Defendants of the provisional payment order: Defendant B, with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, operated their respective places of business in Gangseo-gu Seoul Metropolitan Government and Guro-gu Seoul Metropolitan Government, and did not know that each place of business should separately report on the distribution of medical devices. As such, the crime of this case occurred, and immediately recognized the violation, deleted the relevant advertisement at the Internet shopping mall site, and immediately reported on the distribution of medical devices to the Seoul Guro-gu Public Health Center, and did not report on the distribution of medical devices to the competent authority.