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(영문) 부산지방법원 2016.05.24 2016고정1460
의료기기법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a medical device dealer who sells an individual person (C) with the trade name of “C” in the Geum-gu, Busan.

No one shall make a false or exaggerated advertisement on the performance, efficacy, effect, or mechanism of a medical device, or make an advertisement that may mislead a physician to believe that the performance, recommendation, certification, instruction, or recognition of the performance, efficacy, or effect of a medical device is made.

Nevertheless, as to “C” sold by the Defendant at the above C office around January 28, 2016, the Defendant “I do not support due to the creation of a new pathy and blood transfusion, creation if absent,” and “I do not have any side effect.”

Since it is an apparatus to improve the circulation of blood being flowd in telegraph, it may be safe and safe regardless of age, regardless of gender of the age.

The phrase "" was attached to the wall of the business lawsuit, and "I hold a free experience meeting free of charge to widely inform the regional residents of the thickness of the whole-time health C described in Japan D D'(Medical Doctor's degree) in 1928.

Preparation and distribution of a leaflet accompanied by a photograph indicating a model, etc. containing a letter of intent together with the phrase “,” was made and distributed.

As a result, the Defendant made a false or exaggerated advertisement on the performance, efficacy, effect, or principle of a medical device, and made an advertisement that would mislead a physician to believe that the performance, efficacy, or effect of a medical device is guaranteed, recommended, certified, given, given, or recognized.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation and a written statement;

1. A certificate of reporting distribution of a medical device;

1. Application of Acts and subordinate statutes on leaflet photographs;

1. Relevant Article 52 of the Medical Devices Act, Articles 52 (1) 1 and 24 (2) 1 and 24 (2) 2 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 concerning the order of provisional payment;

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