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(영문) 인천지방법원 2013.06.18 2013고단1223

건강기능식품에관한법률위반

Text

Defendant

A Imprisonment of one year and six months and fine of ten million won, Defendant B’s imprisonment of one year and six months and fine of thirty million won.

Reasons

Punishment of the crime

Defendant

A is a person who sells health functional foods in the name of "J" in the Mapo-gu Seoul Metropolitan Government I Apartment 101 Dong 1004.

In addition, Defendant B operates “L” and “M” on the 6th floor of Seocho-gu Seoul Metropolitan Government in Seocho-gu, and is a person in charge of overall management of sale of functional health foods and sexual instruments, and Defendant C is a person engaged in the purchase of functional health foods, etc. as the head of the planning office of “L”.

1. No business operator of a defendant A functional health foods shall use materials used only for medicines, manufacture functional health foods, the mixture, mixture or content of which is the same as or similar to medicines, or import, sell or display such functional health foods;

Nevertheless, from July 21, 2012 to January 14, 2013, the Defendant received and sold approximately KRW 2,835,000,00 in total, KRW 12,755,00,00 in the (jun) L, a total of 30,000,00 won, from the source in which the source (i.e., “l.b., a part of a part of a Dom-ro 5) purchased from a single Dom-ro 5 from a single Dom-ro 5 in the Dom-ro market containing “l.b., a part of a part of a Dom-ro multimodal complex.”

As a result, the defendant sold functional health foods using raw materials only for the use of medicines.

2. No health functional food business operator who commits a public offering by Defendants B and C shall use raw materials used only for medicines, manufacture health functional foods, the mixture, mixture and content of which are the same as or similar to medicines, or import, sell or display such health functional foods;

Nevertheless, around July 2012, the Defendants purchased small amount of health functional foods and kept evidentiary materials, and Defendant C was in charge of purchasing and distributing counterfeit items whose source is obscure, and Defendant C was in charge of purchasing and selling counterfeit items as a practice manager. Defendant B was in charge of buying and selling counterfeit items as a general manager.

Accordingly, the Defendants on August 1, 2012.