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(영문) 창원지방법원 마산지원 2016.12.21 2016고정273

식품위생법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates D Co., Ltd. (hereinafter referred to as “D”), a multi-level marketing company for functional health foods, in the Masan-si C and the 3th floor of the Changwon-si.

1. No person who violates the Functional Foods for Health Act shall place an indication or advertisement with respect to functional health foods that has the efficacy or effect in preventing or treating diseases, or that is likely to mislead or confuse such foods as medicine;

Nevertheless, from June 6, 2014 to June 30, 2015, the Defendant advertised F, which is a health functional food food sold by D, to the Internet Broadcasting and the former part of its head office, “F, with respect to high blood pressure, informed blood transfusion, urine, heart disease, heart disease between regions, cancer, change, cryp, chronic fire extinguishing failure, patients with Type B, and Type C, shall be restored to normal conditions. The Defendant, through the Internet Broadcasting and the former part of its head office, advertised “F,” to the effect that “F, with the content of an activity of dypium, is likely to have an effect on navigation cancer, high blood pressure, rain, rain, rain, and rain, with its actual ingredients, is outstanding,” and “F, with the content of an advertisement to an unspecified multi-stage marketing salesperson or a multi-stage marketing salesperson, has to view the above broadcast, to the effect that “F, with the content of an activity of hypium and hypump in its shape.”

2. No person who violates the Food Sanitation Act shall place any indication or advertisement that is likely to cause mistake or confusion as to foods with the efficacy or effect in preventing or treating diseases, or as medicine or functional health foods;

Nevertheless, at the time and place specified in Paragraph 1, the Defendant’s head office Internet broadcasting as to G, H, I, and J, food sold by D.