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(영문) 서울중앙지방법원 2017.05.26 2016고정4085
의료법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is an intention to operate the “E member” in Gangnam-gu Seoul Metropolitan Government D.

No medical corporation, medical institution, or medical person shall run any medical advertisement with a false or exaggerated content.

Nevertheless, on January 28, 2016, the Defendant advertised the Internet portal site search advertising column with the phrase "the chest-type medical specialist", which is not stipulated in Article 3 of the Regulations on Training and Qualification Recognition, etc. of Specialists.

As a result, the defendant did not have a specialist for the chest, but has advertised false or exaggerated contents as if he provided medical treatment for the chest.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of this Act and subordinate statutes after filing an accusation or cutting off NAV search advertisement;

1. Article 89 of the relevant Act and Articles 56(3) of the former Medical Service Act (Amended by Act No. 14438, Dec. 20, 2016); the selection of fines for criminal facts;

1. Fine of 500,000 won to be suspended; and

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act (i.e., the background leading to the instant crime as the primary offender) of the suspended sentence

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