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(영문) 서울중앙지방법원 2013.11.28 2013고단6198

건강기능식품에관한법률위반

Text

Defendant

A and B shall be punished by a fine of KRW 15,00,000, and Defendant C by a fine of KRW 3,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A From December 15, 2012 to the date of operating the “IE” on the second and third floors of HH building in Gwanak-gu in Seoul Special Metropolitan City, and Defendant B and C have worked as the head of the team during the above period.

No one shall make any false or exaggerated indication or advertisement with respect to the name, raw materials, manufacturing methods, dietitians, ingredients, methods of use, quality, and traceability of functional health foods, which are likely to have efficacy or efficacy in the prevention and treatment of diseases, or to mislead or confuse them as medicine.

Nevertheless, the Defendants, along with J et al., as the team leader of the above Mart, enticed elderly citizens of the aged to the above Iart store by holding a rash event, etc., and conspired to make false and exaggerated advertisements on functional health foods, etc. to sell them.

Therefore, around December 15, 2012, the Defendants, along with the above J, sold to many customers, including K (the 74 years of age), a customer who found a club at the above Imaart shop, such as health functional food such as “ Lesium,” “bluscium,” and “propool lease,” and sold “ Lescium,” which would have an effect on codinitis if you take “ Lescium,” and, if you take “bluscium,” it would have an effect on codin infection with the ingredients extracted from the upper scenme, and would have an effect on codinitis if you take “prophe lease,” and sold to the above K such an advertisement as “propium value equivalent to KRW 560,00,00 at the market price of the above professional health functional food.”

In addition, in collusion with the above J, etc., the Defendants sold a total of 156 health functional foods worth KRW 92,190,000 from around that time to April 29, 2013, and made false and exaggerated indications or advertisements that are effective in preventing and treating diseases or likely to cause confusion with medicine.

b)a summary of the evidence;