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(영문) 대구지방법원 의성지원 2013.08.22 2013고정48

건강기능식품에관한법률위반등

Text

Defendants shall be punished by a fine of three million won.

In the event that the Defendants did not pay the above fine, only 50,000 won.

Reasons

Punishment of the crime

1. No business operator who sells health functional foods in violation of the Health Functional Foods Act shall promote speculative spirit, such as selling examples or offering free gifts, etc., and sell products;

Nevertheless, at around 13:00 on March 27, 2013, the Defendants: (a) 20 senior citizens, such as G residing in the office of the second floor located in the Gyeong-gun, Chungcheongnam-gun; (b) 20 senior citizens, such as G, living in E, F, etc., were on board the office, and sold the foregoing office, the health functional food “glucos”, and “hinsium multi-user,” and (c) provided taxation, eggs, suspension, etc. as examples.

2. Defendants in violation of the Door-to-Door Sales, etc. Act did not report to the competent authorities on door-to-door Sales Business, and sold 20 senior citizens to the above offices and health functional foods, flapanty, etc. in the same manner as stated in paragraph (1) at the date and place as stated in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report (on-site photographs and sales goods of door-to-door sales stores which have not been reported);

1. Records of seizure and the list of seizure;

1. Application of the respective Acts and subordinate statutes of H, G, and I;

1. Article 44 subparagraph 3 of the relevant Act and Articles 10 (1) and 4 of the Health Functional Foods Act concerning criminal facts; Article 30 of the Criminal Act; Articles 62 subparagraph 1 and 5 (1) of the Door-to-Door Sales, etc. Act; Article 30 of the Criminal Act; Article 62 of the Act on Door-to-Door Sales, Etc.; Article 30 of the Criminal Act (the occupation of unregistered business and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.