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(영문) 대구지방법원 2013.12.18 2013고정2742
의료법위반
Text

Defendant shall be punished by a fine of 300,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On January 5, 2012, the Defendant is the representative of a legal entity that established a D&C corporation and operates the E&C corporation belonging to the said legal entity by establishing a D&C corporation.

No medical corporation, medical institution, or medical person shall run any medical advertisement that guarantees the effect of medical treatment or any other advertisement that might mislead consumers or include any content without objective grounds.

Nevertheless, on January 5, 2012, the Defendant made an advertisement that includes “Influenite disease,” stating that the name of the 1926 Traditional Chinese medicine Specialized in Diplomatic Group, 1926, is “Einfluence,” and that there is no objective basis. On the above website, the Defendant opened a “counseling and reservation” and made an advertisement that is likely to mislead consumers by having the patients enter the treatment experience fence by November 9, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A written accusation;

1. Application of Acts and subordinate statutes on the screen after a closure;

1. Relevant Article of the Act on Criminal Facts and Article 89, and Article 56 (2) 2 and 7 of the Medical Service Act for the Selection of Punishment (Selection of Fines);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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