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(영문) 부산지방법원 2014.01.24 2013노3224

건강기능식품에관한법률위반

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The prosecutor's appeal is dismissed.

Reasons

1. A person who intends to sell health functional foods, the summary of the grounds for appeal, shall report to the competent authority for each place of business, so even though the defendant reported to the head of the Si/Gu in Busan.

Even if the competent authority intends to operate the business in the case of this case located in another Busan Jin-gu, the head of the Busan Jin-gu, the competent authority should separately report the business to the head of the Busan Jin-gu, which is the competent authority, and even if not, the defendant has operated the business in this case in the Busan Jin-gu, the head of the Busan Jin-gu, while maintaining the place of business in this case.

2. Determination

A. The summary of the facts charged is a person who sells functional health foods in the name of "D" in Busan Jin-gu C and 2nd 53.

Any person who intends to sell functional health foods shall be equipped with facilities meeting the standards for each place of business and shall report such to the competent authority, as prescribed by Ordinance of the Ministry of Health and Welfare.

Nevertheless, without reporting, the Defendant, from June 201 to October 15, 2012, from June 15, 2012, up to October 15, 2012, up to 15:20,000 square meters in a computer of 2.6 square meters and 1 m20,000 square meters in a computer of 2 units and 2.20,000 square meters in a health functional food store, and sold it to unspecified customers through the above place and Internet (F).

B. As to the judgment, the court below, based on the record, reported on September 30, 2004 that the defendant reported the business of selling functional health foods to "G" and "Y of the Geum-gu, Busan, the location of the business establishment" to "Y of the Geum-gu, Busan." The defendant later moved the functional health foods to "Seoul, Busan, and the second floor C and the second floor 53, the place in which the facts charged are stated."