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(영문) 서울서부지방법원 2015.08.18 2015고단1179

건강기능식품에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the G in the branch of the Mapo-gu Seoul Metropolitan Government F Building G.

No one shall indicate or advertise any functional health foods differently from facts or exaggeratedly in relation to the name, raw materials, manufacturing methods, dietitians, ingredients, methods of use, quality, etc.

The Defendant, in collusion with management directors H, etc. from July 2014 to October 10, 2014, advertised that, in the event that I (the composition, such as yellow fluorites extractions, smugglings extractions, vain tree extractions, etc.), which was manufactured in the process of the agreement to create a dispute between Chinese and male tourists, is put into mixturess, coffees, and he advertised that chemical action, chemical action, the chemical composition of which is separated, the phenomenon in which the sedi products occur, and when the above products are taken in, the human body, as above, separates harmful substances between them, such as the above phenomenon.

However, even if I's products are recovered, there was no function of separating and sedimentation harmful substances between them, such as in the process.

Ultimately, the Defendant sold I worth KRW 963,913,941 in collusion with management directors H, etc. by making false or exaggerated advertisements.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against the J, H, and the defendant;

1. Each protocol of the police statement of the K, L, M, and N;

1. Records of seizure and the list of seizure;

1. Application of each statute on photographs;

1. Article 44 Subparag. 4 and Article 18 (1) 2 of the Health Functional Foods Act concerning criminal facts, and Article 30 of the Criminal Act;

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;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;