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(영문) 울산지방법원 2015.09.11 2015고정935

식품위생법위반

Text

Defendant

A and B shall be punished by each fine of KRW 2,50,00,00, Defendant C, D, and E by each fine of KRW 1,50,000.

The Defendants are the defendants.

Reasons

Punishment of the crime

The Defendants are door-to-door salesmen registered in the Health Functional Foods and General Food Sales Business Group H in Yangsan-si.

1. No one shall place an advertisement with regard to the name, quality, nutrition labelling of food, etc., the efficacy or efficacy of which is to prevent or treat diseases, or which is likely to mislead or confuse drugs or health functional foods;

Nevertheless, around January 10, 2014, the Defendant sold “K” as a general food, at the J market shopping mall located in Sejong City, in a way that sells food by providing and explaining a video recording that “this product has an effect on the prevention of cancer, dementia, urine therapy, etc.” and sells 24 boxes of the product at KRW 1,584,00 by selling the product to 1,58,000 by advertising it as medicine or health functional foods, and selling the product in the same way from the above date to June 16, 2014.

2. No one shall place an advertisement with regard to the name, quality, nutrition labelling of food, etc., the efficacy or efficacy of which is to prevent or treat diseases, or which is likely to mislead or confuse drugs or health functional foods;

Nevertheless, around November 21, 2013, the Defendant sold “N” as a general food at the M’s office located in Tong Young-si L, on the advertisement that “this product has a high blood pressure, urology, and effect on adult diseases,” and sold the product totaling KRW 36,630,00 by means of the same method from October 7, 2013 to June 16, 2014, by making false and exaggerated advertisements likely to mislead and confuse the product as medicine or functional health foods.”

3. The name, quality, nutrition labelling of food, etc. has efficacy and effect on the prevention and treatment of diseases, or drugs or health functional foods.