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(영문) 서울남부지방법원 2014.02.03 2014고정211

건강기능식품에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Any person who intends to engage in the business of selling functional health foods shall report such business to the competent administrative agency;

Nevertheless, the Defendant, without filing a business report, sold approximately KRW 5,600,000 from August 28, 2013 to September 29, 2013, a total of KRW 70 to KRW 5,60,00.

2. On August 28, 2013, the Defendant advertised that “C”’s health food under Article 299 of the D Newspaper No. 29 that was issued to foreign Koreans in the Republic of Korea on the ground of the 6th page of the D Newspaper No. 29, and, at the same time, the Defendant advertised that “The liver functions are improved and have outstanding efficacy in recovering from the route and strengthening the ability.” The Defendant advertised that the said food may lead to confusion with the medicine by advertising that “The liver functions are excellent and that is excellent in removing various eromatic ero

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to criminal intelligence, internal investigation reports, and Internet exploitation of DNA newspapers;

1. Relevant Article on criminal facts, subparagraph 1 of Article 44, Article 6 (2) of the Health Functional Foods Act (hereafter referred to as "unreported business"), subparagraph 4 of Article 44 and Article 18 (1) 1 of the Health Functional Foods Act, and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;