건강기능식품에관한법률위반
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
B and C had a friendship, and B had a functional health foods sales center (tentatively named promotion center) with the trade name of “E” from D2 in Seocheon-gu, Seocheon-gu, Seocheon-si, and C had received benefits of KRW 700,000 per month from the above promotion center, and the Defendant sold functional health foods at the above promotion center with a 'outside instructor' who promoted the product at the request of the above promotion center.
No one shall place any indication or advertisement that has efficacy or effect on the prevention and treatment of diseases, or that is likely to mislead or confuse as medicine with regard to the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, traceability of functional health foods, etc.
Nevertheless, from June 2014 to July 26, 2014, the Defendant, in collusion with B and C, advertised to the effect that “profole lease”, which is a health functional food, to many unspecified customers, is excellent in high pressure and salt, and has an effect on scarcity prevention, Atopy treatment, and free treatment,” and advertised to the effect that “marpas”, which is a health functional food, has an effect on emulsion, such as emulsion, and that “marpas, have an effect on emulsion, such as emulsion, and that it has an effect on maintaining the emulsion and emulsion, and that it has an outstanding effect on maintaining the emulsion and emulation, blood response,” and advertised to the effect that it is likely to mislead the general public as if having an effect on the prevention and treatment of diseases.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the examination of suspect B or C by the prosecution;
1. Statement of the police statement concerning F;
1. Records of seizure and the list of seizure;
1. Museums;
1. Application of Acts and subordinate statutes to report internal investigation (on-site photographs) and investigation reports (Attachment of seized articles);
1. Article 43 (1) 2 and Article 18 (1) 1 of the Health Functional Foods Act concerning criminal facts and Article 30 of the Criminal Act;