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(영문) 서울남부지방법원 2016.09.09 2016고정1453

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 sells functional health foods, etc. under the trade name of “C” in Yangcheon-gu Seoul Metropolitan Government J 602.

No one, other than health functional foods, shall place a label on the container, which is likely to mislead people to believe that the container has nutritional and physiological functions or effects of the structure or function of the human body, or place an advertisement with such contents.

Nevertheless, from June 23, 2015 to March 30, 2016, the Defendant sold “K” products that were not registered as functional health foods at the above establishment, and indicated on the Internet website as “health functional food type” on the food type of “K,” which is a product using admitting the acceptanceness, etc., as a raw material to NAV, along with the result of the study that “the aging of all living things, including humans, begins from the exhaustion of the complaint, and as a result, the causes of various blood-related diseases, such as Earsens, Easter Nos., Earsens, Nos. 4448, 2016, were related to the exhaustion of the suit, and thus, the massive intake of the accepted suit became an absolute task.

K will be able to maintain the highest health condition of alcaria, the body of which does not go to sick by itself, rather than observing food health in this era, in which the health food of middle and high-class is flooded, and as a celeba that protects human health, it will perform its duties.

“ ..........” advertisement

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police concerning L;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 44 Subparag. 7 and Article 26 of the Health Functional Foods Act concerning criminal facts and the choice 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;