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(영문) 대구지방법원 2014.11.14 2014고정1818

건강기능식품에관한법률위반

Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who operates a cosmetic.

The Defendant, from March 21, 2012 to April 21, 2014, operated a beauty room in the name of "C" located in Daegu-gu, Daegu-gu. On February 21, 2014, the Defendant discovered a beauty room in the middle of February 2014, the Defendant: (a) made an advertisement to 59 years of age using 15 square meters extracted from the Homanent, deep blue, or Mela composition; and (b) he was sold to E after receiving KRW 15,200,000 per disease, as if he/she had excellent efficacy in the face, face, blood circulation, and risk.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partial police officers of the accused;

1. Statement of the police statement of E;

1. The defendant's writing;

1. Application of investigation reports (Attachment of photographs, such as Arabicma, etc.), photographs, business registration certificates, and statutes;

1. Subparagraph 4 of Article 44 and Article 18 (1) ( point of false or exaggerated advertisement) of the Health Functional Foods Act concerning criminal facts, and selection of fines;

1. Although the defendant and his/her defense counsel stated that the defendant and his/her defense counsel's assertion of the defendant and his/her defense counsel have efficacy such as face name, blood circulation, and knee riding, etc. sold to E, they cannot be viewed as false and exaggerated advertising acts prohibited by the Health Functional Foods Act, it is argued that these acts cannot be seen as false and exaggerated advertising acts. Thus, the defendant himself/herself was the criminal facts of the following circumstances acknowledged by the above evidence, i.e., the defendant himself/herself as stated in the judgment of the control agency, and the victim stated that "this drug is lost if you drink, and the victim has a outstanding efficacy." In fact, the defendant's list of products that seem to have been referred to the defendant in selling the products to the victim is a treatment product for all diseases.