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(영문) 인천지방법원 부천지원 2018.10.26 2018고정553
의료기기법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

No one shall place an advertisement that is likely to mislead anyone to believe that any non-medical device has a performance, efficacy, or effect similar to that of a medical device.

Nevertheless, on April 25, 2017, the Defendant prevented “C”, a product that was an industrial product that was not permitted as a medical device on the Internet B, from referring to “C” in the form of cryke, pulmon, pulmon, pulmon, shot, or monin

In addition to the content advertised, “C” is published on February 26, 2018 and on February 28, 2018 and in the same month, each of the above contents is likely to be mistakenly recognized as a medical device. The advertisement is published on the website (F) from April 25, 2017 to February 26, 2018.

“The young is” and “the young.”

“The Repulmonary and pulmonary health” shall be good.

Using the phrase such as “Exemption Improvement,” etc., advertisements were made as if the product had a performance or efficacy similar to that of a medical device.

Summary of Evidence

1. From June 2017, there was a fact that the Defendant, in running the “C” from around the police interrogation protocol against the Defendant, placed an advertisement on the newspapers and the Internet with the content that the Defendant would be good for the chresh correction, respiratory and waste health of the industrial product under his/her name, chresh, brecer, brecer, brecion, crecion, and chloat, etc.

Part stated

1. A written accusation;

1. Images of the sales site;

1. On-site photographs;

1. Application of D, E, and B legislation

1. Relevant Article 52 of the Medical Devices Act, Articles 52 (1) 1 and 26 (7) (including inclusive) of the same Act concerning criminal facts, the selection of fines, and the selection of fines;

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

1. Article 334(1) of the Criminal Procedure Act prohibiting an advertisement that is likely to misleadly recognize that there exists performance, efficacy, and effect similar to a medical device even if the medical device is not a medical device in light of the legislative purpose of the Medical Devices Act aimed at efficiently managing the medical device and improving national health. Article 26(7) of the Medical Devices Act provides the Defendant’s expression.

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