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(영문) 춘천지방법원 속초지원 2018.04.18 2017고단104

건강기능식품에관한법률위반

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A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to five million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, as the representative of Gangnam-si C and C, the 3th functional health foods sales business chain, was in charge of overall management of the business, and E, other than the public prosecution, was in charge of electronic data processing, door-to-door distribution, and cash management, and was in charge of the first counselor’s service to deliver advertising leaflets and advertising books, and the public prosecution, other than the public prosecution, H, I (48 years old), J, K (51 years old) was in charge of the second counselor’s service to encourage the purchase of products, and the Defendant was in charge of the said E, F, G, H, I (48 years old), J, and K (51 years old)’s request for summary order on the same day, together with false and exaggerated advertisements.

No one shall indicate or advertise any labelling or advertising that has efficacy or effect in preventing and treating diseases, or that is likely to mislead or confuse consumers as medicine, or labeling or advertising that is different from facts or exaggerated labeling or advertising, or labeling or advertising that is likely to mislead or confuse consumers, or labeling or advertising that is likely to mislead or confuse consumers, with regard to the name of functional health foods, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and tracking and management of history of functional health foods, or labeling or advertising that differs from the details deliberated upon.

Nevertheless, the defendant from June 1, 2016 to his employees, including the above E, for the same year.

9. Until June 1, 200, when selling MS M (mM, Methyl sulfonthe) functional health foods containing health functional foods, (i) selling food and drug products, (ii) advertising without deliberation from the Minister of Food and Drug Safety on advertisements of functional health foods, and (iii) MM stating that MS (mM) ingredients are effective for the treatment and prevention of diseases, such as composting, high blood pressure, etc., and (iv) sending books to customers, and the employees who are counselors have the effect of treating and preventing the disease of the said products, such as sudy, pre-fonitis, etc., by telephone to customers.

(3) The main material shall be advertised through the advertisement leaflet and telephone consultation.