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(영문) 의정부지방법원 2015.04.17 2014고단4016

건강기능식품에관한법률위반

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No distributor of functional health foods shall sell products by promoting a speculative spirit, such as selling examples or offering free gifts, in order to ensure the safety of functional health foods, manage the quality thereof, maintain order in distribution, and promote national health.

From December 23, 2013 to April 1, 2014, the Defendant offered taxation, suspension, and free gifts of agricultural and fishery products to persons who have sold functional health foods, etc. in the name of E, F, G, H, I, J, and K from the second floor of the D Building in Yangju-si, in collusion with E, and sold propool leases, which are functional health foods, in the above E from December 23, 2013 to April 1, 2014, and provided product buyers with commodities such as scriptive, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against G, J, A, F, K, I, and H;

1. Each police protocol of statement against L, M, or N;

1. Application of Acts and subordinate statutes to report internal accidents (E visiting, investigating, and confirming free gifts);

1. Article 44 subparagraph 3 and Article 10 (1) 4 of the Health Functional Foods Act concerning criminal facts, Article 30 of the Criminal Act;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;