건강기능식품에관한법률위반등
The judgment below
The part against the Defendants is reversed.
Defendant
A shall be sentenced to one year of imprisonment and a fine of one million won.
1. The court below found Defendant A not guilty of the charges of violating the Health Functional Foods Act and of violating the Door-to-Door Sales, etc. Act due to the above Defendant’s inform or exaggeration of the above facts, as to the part on the crime list (1) No. 211, 230, 381, 471, 620, 614, 76, 766, 903, 949, among the charges of violating the Act on Door-to-Door Sales, etc. due to the above Defendant’s act, the court below found Defendant A not guilty of the charges of violating the Act on Door-to-Door Sales, etc., in the judgment of the court below.
This judgment of the court below was appealed only by the above defendant, and the prosecutor did not appeal. Accordingly, the part of innocence in the above reasoning was also reversed together with the guilty part, but it had already been separated from the object of the attack and defense between the parties, and was virtually separated from the object of the trial.
Therefore, the scope of the trial on the above defendant shall be limited to the part other than the part of innocence in the above judgment of the court below against the above defendant, and the part of acquittal in the above reasons shall be determined separately by the conclusion of the court below.
2. Summary of grounds for appeal;
A. Defendant A1) ① The above Defendant placed false or exaggerated labeling or advertising with respect to the name, raw materials, manufacturing methods, dietitians, ingredients, methods of use, quality, and traceability of functional health foods, etc. of functional health foods, and at the same time did not engage in any act of notifying false information about the price quality of goods, etc. or misleadingly superior or more favorable than actual ones. ② The above Defendant did not have any awareness or intent to do such act. 2) The above Defendant did not have any awareness or intent to do so.