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(영문) 대구지방법원 2018.01.12 2016고정2233

건강기능식품에관한법률위반

Text

Defendants are not guilty.

Reasons

Punishment of the crime

Defendant

B There are 1 branch offices in Daegu-gu, the 21st floor of the F-gu, Daegu-gu, and the defendant C are 2 branch offices in Daegu-gu, and the defendant A are 3 branch offices in Daegu-gu, and the defendant A are 4 branch offices in the above-gu, Daegu-gu, the Dispute Resolution Co., Ltd., and 4 branch offices in the above-gu, Daegu-gu.

1. No person who violates the prohibition of labeling or advertising false, exaggerated, or negative labelling or advertising shall indicate or advertise the name of functional health foods, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, tracking and control of records of functional health foods, with the efficacy or effect in preventing and treating diseases, or with the content that is likely to mislead or confuse as medicine;

On March 2016, the Defendants sold H(S. 71) and K(S. 71) to H(S.) and I(S. 71) at the Haman Daegu branch of the KG, and sold to H(S. 71) the above branch of K and K with an explanation to the above branch of K and K’s “The immunity would be improved if heighting and melting the PP and Polol(s)” and sold in 1,00 won J and K 12 copies, which are functional health foods, to the extent that they are not known.

As a result, the Defendants conspired with persons who are not aware of their names and advertised that the ingredients of health functional foods may have efficacy or effect in preventing and treating diseases, or that they may cause mistake or confusion as medicine.

2. No distributor of functional health foods who violates the rules for business operators shall sell products by promoting speculative spirit, such as providing samples or free gifts, in order to secure the safety of functional health foods, control the quality thereof, maintain order in the distribution thereof, and promote national health;

The Defendants sold health functional foods equivalent to KRW 1,040,00 to H and I, as described in paragraph 1 at the Daegu branch of the above L-gu. The Defendants provided three-dimensional selling examples, such as rain, fright, and Soviet, to which their names cannot be known.

Accordingly, the defendants' names can be identified.