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(영문) 서울동부지방법원 2014.02.07 2014고정28

건강기능식품에관한법률위반

Text

The sentence against the accused shall be 500,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

No one shall indicate or advertise that the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, etc. of functional health foods have efficacy or effect in preventing and treating diseases, or that such foods are likely to mislead or confuse as medicine.

Nevertheless, from early October 2012 to October 29, 2013, the Defendant posted the Defendant’s health functional food “(s)” column of the “use of the website,” which is a self public relations website within the Songpa-gu Seoul Metropolitan Office, Songpa-gu C office, to the effect that it has efficacy and effect in preventing and treating diseases, by posting the Defendant’s health functional food “dystrophism, high blood pressure, urology, urology, mythropical pressure, blood pressure control, and physical constitution improvement.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning screen pictures and business report after closure of the Internet site;

1. Article 44 subparagraph 4 of the relevant Act and Articles 18 (1) and Article 18 (1) of the Functional Health Foods Act concerning criminal facts, and the selection of fines;

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;