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(영문) 서울북부지방법원 2013.11.18 2013고정2627

건강기능식품에관한법률위반등

Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. No person who sells foods in violation of the Food Sanitation Act shall make a false or exaggerated indication or advertisement with the content that such foods are likely to have efficacy or effect in the prevention and treatment of diseases, or to mislead or confuse them as medicine or functional health foods;

Nevertheless, the Defendants conspired with D, E, F, G, and H, who are directors of the above “C”, as employees of the Health Functional foods sales business office, and sold red ginseng (one hundred and twenty thousand won, one hundred and twenty thousand won, in total, to the extent that, from January 24, 2013 to March 26, 2013, the Defendants collected advertising leaflets to provide elderly women and the elderly who live around “C” in their surroundings from January 24, 2013 to March 26, 2013, with taxation, height, drilling, noise, rice, and kitchen products, etc., and they collected advertising leaflets to provide them as personal goods.

As a result, the Defendants conspired with D, etc. to sell food as above, and advertised as if they were effective in preventing and treating diseases.

2. No person who sells health functional foods in violation of the Health Functional Foods Act shall make false or exaggerated labeling or advertising with the content that such foods are likely to have efficacy or effect in the prevention and treatment of diseases, or to mislead or confuse them as medicine;

Nevertheless, the Defendants, as employees of the above “C”, conspired with D, E, F, and G, who are directors of the said “C,” and, from January 24, 2013 to February 19, 2013, the Defendants advertised that the above “C”, a health functional food, is effective in the treatment of thropia, urology, and high blood pressure, against those recruited as referred to in the above paragraph (1). The Defendants advertised that “one thropia,” which is a health functional food, is effective in the treatment of thropia, urology, and high blood pressure, and all of them read that “one stropia,” and that “one stropia,” which lowers the number of 59,092,00 won, is clear.