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(영문) 대구지방법원 2013.08.22 2013고단3510

건강기능식품에관한법률위반등

Text

Defendant

A Imprisonment for one year, Defendant B shall be punished by imprisonment for ten months, and Defendant C shall be punished by a fine of 5,00,000.

Reasons

Punishment of the crime

Defendant

A on February 10, 2010, he/she was sentenced to imprisonment for a violation of the Health Functional Foods Act at the Gangnam Branch Branch of the Chuncheon District Court, etc., for eight months, and for the same year.

5. 11. The above judgment became final and conclusive and conclusive, and the execution of the sentence was completed on September 1, 2010, on the paroled on August 13, 2010, in the case of a prison for the North Korean Peninsula 1.

1. No person who violates the Health Functional Foods Act shall indicate or advertise on the name, raw materials, manufacturing methods, nutrientss, ingredients, methods of use, quality, traceability, etc. of health functional foods with contents that are likely to have efficacy or efficacy in the prevention and treatment of diseases, or to mislead or confuse them as medicines, and no person who manufactures, processes, imports, or sells health functional foods shall use raw materials used only for medicines, manufacture, sell, or display health functional foods the same or similar content of which is identical with or similar to medicines;

Defendant

A and B conspired, from May 201 to January 201, 2013, using the “tadalafil,” which is a raw material used only for medicine at the seat of G farming association offices and I offices located in the city of permanent residence in Gyeonggi-do, and at the seat of I offices located in the city of permanent residence in Gyeonggi-do, the package boxes and accompanying documents of the “Madalaf,” and sold approximately KRW 6,00,00,000 at an unspecified number of people, for the purpose of medicine.”

As a result, the Defendants conspired to sell functional health foods manufactured using raw materials only for the purpose of medicine by making indications or advertisements that are likely to cause mistake or confusion as to their efficacy or effect in the prevention and treatment of diseases, or as medicine.

2. Any person who violates the Food Sanitation Act shall name, manufacturing method, quality and nutrition of foods, etc.;