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(영문) 수원지방법원 안양지원 2016.01.14 2015고정1011

건강기능식품에관한법률위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

To the extent that the identity of the facts charged is maintained and there is no concern about the substantial disadvantage to the defendant's exercise of his/her right to defense, amendment and supplement the facts charged.

The Defendant is a person who sells “D”, which is a health functional food, and sells health functional foods under the trade name of “C”.

From June 12, 2009 to June 15, 2015, the Defendant advertised products at the Defendant’s operating website without undergoing deliberation as prescribed by the Health Functional Foods Act.

At the same time, the defendant, while advertising "D" on the above Internet site for the above period, is different from the nutrition standard information of actual products, and "D shall obtain a patent for air transport cancer with "the total number of 2.4 billions and/or 2gs", "D shall obtain a patent for air transport cancer with "E/ the acquisition of a patent for air transport medicine"/ the prevention and treatment of food allebrgs in Samsung Seoul Hospital/Seoul National University Hospital, etc. (F-208).

C. by posting the phrase “c.”, an advertisement was made to indicate that there is efficacy or effect in the prevention and treatment of diseases, or that there is a possibility of misunderstanding as medicine.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Full text of standards and specifications for health functional foods;

1. Business registration certificate and business report certificate;

1. Application of the statutes on the management of Internet advertisement closures;

1. Subparagraph 4 of Article 44 and Article 18 (1) 6 (a) of the relevant Act on Health Functional Foods for criminal facts; Article 43 (1) 2 and Article 18 (1) 1 of the Health Functional Foods Act (a point where advertisements for health functional foods for which no deliberation has been made are made);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Suspension of sentence;