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(영문) 광주지방법원 2017.08.31 2017고정271

건강기능식품에관한법률위반

Text

Defendant

C shall be punished by a fine of 3 million won.

Defendant

C If the above fine is not paid, KRW 100,000.

Reasons

Punishment of the crime

No one shall place an indication or advertisement that has efficacy or effect in preventing and treating diseases with respect to the name, manufacturing method, nutrients, quality, etc. of functional health foods, or that is likely to cause confusion as medicine.

Defendant

C as a public relations director of H Co., Ltd. (hereinafter “H”) who manufactures G products in health functional foods, around April 8, 2016, as a public relations director of H, about 14:00, at the public relations center of the branch office affiliated with the G of Gwangju, Inc. (hereinafter “I”) that sells the above products, more than 10 customers were urged to publicize as if the G products in health functional foods have efficacy and efficacy on urology due to urology, pathitis, spathitis, spathy, spathy, spathy, spathy, and mathy, etc.

As a result, the Defendant advertised that G products, which are functional health foods, have efficacy and effect in preventing and treating diseases, or are likely to confuse them as medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (attaching photographs to the scene of detection);

1. A field control certificate;

1. Application of Acts and subordinate statutes to public relations lectures before recording is summary;

1. Article 43 (1) 2 of the relevant Act and Article 18 (1) 1 of the Health Functional Foods Act (excluding punishment) concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. No person who outlines the facts charged against Defendant A, B, D, or E shall place any indication or advertisement that has efficacy or efficacy in the prevention and treatment of diseases with respect to the name of functional health foods, manufacturing method, nutrients, quality, etc., or that is likely to cause confusion as medicine;

A. Defendant A, B, and B are the heads of the branch offices in Gwangju Branch Office (Defendant A: K branch offices in Gwangju Dong-gu, Business Report Number:L), and Defendant B: (a) are recruited by the public relations officers of Gwangju branch offices in order to sell G products that are functional health foods, and Defendant A and B are recruited as many unspecified customers.