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(영문) 울산지방법원 2017.01.16 2016고정1312

건강기능식품에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who engages in the general sale of functional health foods under the name of “C” on the Internet homepage (B).

No one shall indicate or advertise matters different from those deliberated on, in relation to the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, tracking and management of records on functional health foods.

From January 29, 2016 to August 24, 2016, the Defendant indicated and advertised “D”-related labels and advertisements, which are functional health foods sold on the “B” website, as well as labeling and advertising without deleting the phrase “for the purpose of improving the volume of blood” from the functional labelling and advertising committee of the Korea Health Functional Association (g) around December 9, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about approval for D deliberation on the website of the Korea Health Functional Foods Association;

1. Advertisements submitted on the website of the Korea Health Functional Foods Association at the time of application for deliberation on D advertisements;

1. Application of the Acts and subordinate statutes to photograph the pages indicated on the B website with any content different from that deliberated upon;

1. Subparagraph 4 of Article 44 and Article 18 (1) 6 of the Health Functional Foods Act concerning criminal facts;

1. Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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