1. The defendant shall be punished by a fine not exceeding 1.5 million won;

2. If the defendant does not pay the above fine, 10,000 won.

Punishment of the crime

The Defendant is a person operating a medical machine dealer in the name of Seo-gu, Seo-gu and Seo-gu, Daejeon, with the trade name of “C,” and D is a person employed by the Defendant and engaged in promotion and distribution of medical devices in the above “C”.

No person shall make a false or exaggerated advertisement about the name, manufacturing method, performance, efficacy, effect, or mechanism of a medical device.

Nevertheless, on April 12, 2016, D, in the experience room in the above C, stated that "it has the effect of preventing cardiopulmonary urology, urine and urine disease, etc., which is effective in improving the blood cycle and relaxing the surrounding batching system for unspecified visitors, such as personal bather generator, personal-use cooperative bather, and medical racator who are capable of improving the blood cycle and relaxing the surrounding batching system."

As a result, D, an employee of the Defendant, conducted a false or exaggerated advertisement on the efficacy and effect of “the pre-existings of personal use, the stimulater of personal use, and the ratuator for medical use,” thereby committing a violation in relation to the Defendant’s duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes in which an accusation against a person who commits a medical device, a written confirmation, or a report on the distribution of a medical device, a record, a summary prior to recording, related photographs

1. Articles 55, 52(1)1, and 24(2)1 of the former Medical Devices Act (Amended by Act No. 14330, Dec. 2, 2016); the selection of fines for criminal facts

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is against the Defendant, and the Defendant, after committing the instant crime, has completed the relevant agency’s training program on the quality management of medical devices and has endeavored to comply with the restriction on advertisements in the course of selling medical devices, and the Defendant is virtually D.