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(영문) 서울중앙지방법원 2018.02.07 2017고정3483

건강기능식품에관한법률위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person in charge of advertising advertisements production as a director of D, a company that sells health functional foods under the trade name of D.

No person who intends to indicate or advertise the functionality of health functional foods shall undergo deliberation on labels or advertisements of health functional foods determined by the Minister of Food and Drug Safety, or make any indication or advertisement different from the details deliberated on.

Nevertheless, the defendant from the early August 2017 to the first police officer.

9. 21. On the Internet site “E”, the words “F” products, which are functional health foods sold by the company, were advertised by inserting the words “GOT and GPT” and its letters “F” without being deliberated by the Korea Health Functional Foods Association (G).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the certificate of commencement report of internal investigation, each output data, business registration certificate, business report certificate, and report of communications sales business;

1. Article 44 subparagraph 4 of the relevant Act and Article 18 (1) 6 of the Functional Foods for Health (excluding punishment) concerning criminal facts;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act of the suspended sentence (no record exists that the defendant has been punished for the same kind of crime, and the circumstances leading to this case, etc. shall be considered);