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(영문) 의정부지방법원 2014.07.23 2013고단3573

건강기능식품에관한법률위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

No one shall indicate or advertise that functional health foods have efficacy or effect in preventing and treating diseases, or that they are likely to mislead or confuse them as medicine, and no door-to-door seller, etc. shall inform false or exaggerated facts or induce or trade consumers by using deceptive methods, or obstruct cancellation, etc. of order or termination of contract.

The Defendant is a person who runs the business of selling functional health foods and door-to-door sales business under the trade name of “D” on the second floor of the Guri-si C commercial.

1. On June 10, 2013, from around September 25, 2013 to around September 25, 2013, the Defendant: (a) sold Lesin, a health functional food, to 1,380,000 won per dog; (b) explained that “influence, fluence, and dementia, a person suffering from dementia becomes showing symptoms if taken out;” and (c) advertised that there is the efficacy and effect of health functional food as to the prevention and treatment of diseases, including, but not limited to, the sale of proflue lease at KRW 280,00,00 per dog, explaining that “the draft salt and damp-proof therapy is treated.”

2. The Defendant, in violation of the Door-to-Door Sales, etc. Act, induced money residing in Guri-si to the above “D” by means of distributing through a newspaper a leaflet stating that “products, such as the main, bruma suspension, bruma suspension, laund and laundry, etc., are 90% of the open commemorative, and the main, only the main, shall be increased,” at the above date, place, and “open commemorative.”

In fact, the Defendant’s purpose was to attract customers and sell high-priced products, and no separate personal belongings was provided, and the customer had an opportunity to purchase only one general product at salt at the time of visiting the said “D”.

As above, the Defendant reported the leaflet and sold the “Lior” to E in KRW 498,00,000, and had the Defendant take care of the “Lior” at the night.