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(영문) 서울동부지방법원 2018.05.15 2018고정7

건강기능식품에관한법률위반

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is running a telecommunications sales business with the trade name “C” from Seongdong-gu Seoul building B and from the first and second floors.

A person who intends to indicate or advertise the functionality of health functional foods shall undergo deliberation in accordance with the criteria, methods and procedures for deliberation on labels or advertisements of health functional foods determined by the Minister of Food and Drug Safety.

In addition, it shall not indicate or advertise any content that is not deliberated or that is different from the content that has been deliberated.

Nevertheless, on September 10, 2017, the Defendant posted the advertisements which were not deliberated upon by E in selling Ma's Ma's Ma's Ma' through the Internet site (D) around 19:43 on September 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of 9 copies of an Internet advertisement by Acts and subordinate statutes; and

1. Article 44 Subparag. 4 and Article 18 Subparag. 6 of the Act on Health Functional Foods (Amended by Act No. 15480, Mar. 13, 2018; Act No. 15480, Mar. 13, 201); the selection of fines for criminal facts;

1. The sentencing conditions indicated in the public trial of this case, such as the fact that the defendant had no record of criminal punishment for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the period of publication of the advertisement, and the background of the instant case, shall be determined by taking into account the sentencing conditions indicated in the public trial of this case.