beta
(영문) 인천지방법원 부천지원 2016.01.21 2016고정16

건강기능식품에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of 'D' located in 103 Dong-dong, Seocheon-si, Nowon-gu, Seoul and 3 Dong 103, who sells functional health foods from August 2014.

No one shall indicate or advertise the name, raw materials, manufacturing methods, dietitians, ingredients, methods of use, quality, and tracking and management of records on functional health foods, or labeling or advertising contents different from those deliberated on, without undergoing deliberation.

Nevertheless, from January 2015 to October 2015, the Defendant sold health functional foods by advertising the following contents: “E and F, which are health functional foods,” which were not deliberated upon by the Korean Health Functional Association, through 11 times the Internet site at the above business establishment, and selling health functional foods by advertising it to the extent that it has efficacy and effect on the prevention or treatment of diseases.

Summary of Evidence

1. Statement by the defendant in court;

1. The filing of an accusation, a report on investigation (a certificate of business reporting and details of sales attached), and the application of statutes of the judgment text;

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