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(영문) 대전지방법원 2014.10.02 2014고정1349
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 person shall make a false or exaggerated advertisement about the name, manufacturing method, performance, efficacy, or effect of a medical device with respect to an advertisement of a medical device, or the principle thereof.

The Defendant is a person who sells a medical device under the trade name “C” in Daejeon Jung-gu.

From July 18, 2012 to March 3, 2014, the Defendant: (a) filed an import declaration for the purpose of selling non-smoking germs (HL-03 (T 9-3630), “HL-03 (Seoul Receiving 99-3630),” which is a medical device on its website (D) with many and unspecified persons; (b) was not domestic products produced in E; (c) the efficacy of which is “the treatment of fluorous fluorous flady, provoking, or disease; (d) but the efficacy of which is “the treatment of fluorous flad, provoking,” but has no adverse effect on any other medical science; and (d) year E used at home or at work, thereby controlling the autonomous functions of the human body, thereby manufacturing various kinds of fladies according to the future guidelines for preventing, controlling, and user experience and purpose of use.

‘A false or exaggerated advertisement on the medical device' was made with regard to the medical device.

As a result, the Defendant made a false or exaggerated advertisement on the name, manufacturing method, performance, efficacy, and effect of medical device in relation to the advertisement of medical device.

Summary of Evidence

1. Defendant's legal statement;

1. Content (Monitoring Information Network), application of each photographic statute;

1. Relevant Article 52 (1) 1 and Article 24 (2) 1 of the Medical Devices Act, the choice of a fine concerning criminal facts, and the choice of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the defendant who is the primary offender, confessions, and is in depth against the order of provisional payment.

In addition, there are almost no criminal proceeds from the crime of this case, and there are circumstances that can be considered in the circumstances.

This is the age, character and conduct of the defendant, and crime.

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