건강기능식품에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., a fine of KRW 5,00,000) imposed by the court below on the defendant is too unreasonable.
2. The crime of this case is deemed to have sold health foods through the Internet site without foreign servers. Since the import of health functional foods is directly connected to national health health, a person who intends to obtain strict control and sanctions is required to report to the Commissioner of the Korea Food and Drug Administration, but the defendant imported for the purpose of sale without such reporting to avoid domestic law regulation, and the defendant did the above act from 2011 to the time when the decision of the court below was rendered. The fact that the period is shorter than the period, etc. is disadvantageous to the defendant, but the defendant appears to be against the defendant at the time of the crime of this case. The defendant did not appear to have led the crime of this case; the defendant was found to have retired from the representative of the corporation C after being convicted of the crime of this case at the court below; the defendant was found to have never been punished; and the defendant was found to have never retired from the representative of the corporation; and the defendant was found to have never been subject to the previous punishment; and the defendant's age, character, and environment records and arguments were revealed.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
As stated in each corresponding column of the judgment of the court below and the summary of evidence, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 43 of the relevant Act and Articles 23 subparagraph 6 and 8 of the Health Functional Foods Act concerning criminal facts and the selection of fines;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Criminal Procedure Act;