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(영문) 대전지방법원 2017.07.06 2017고단728

건강기능식품에관한법률위반등

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1. [Defendant A and B] Defendant A’s imprisonment with prison labor for 2 years and 6 months and fines for 20 million won, Defendant B’s imprisonment with prison labor for 1 year and 6 months and fines for 15 million won.

Reasons

Punishment of the crime

Defendant

A and B jointly run the “F” and “E”, a company selling functional health foods, and Defendant C and D play the role of educating and managing telephone salespersons as the team leader of the above company. Defendant E and Defendant F are corporations established for the purpose of selling functional health foods wholesale.

1. With respect to the name of health functional foods, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and tracking and control of records of health functional foods, no person shall indicate or advertise the efficacy or effect in the prevention and treatment of diseases, or any misleading or confused with drugs, and no telephone sales business operator who solicits and sells calls shall inform consumers of the false or exaggerated fact or use fraudulent methods to induce or trade consumers, to withdraw subscription, or to interfere with the cancellation of subscription or termination of contracts;

The Defendants sold “Meca K,” which is a health functional food with red ginseng as its main ingredient, posted a stimulative advertisement on Internet portal sites, etc., and conspired to sell the above “Meca K,” by means of false and exaggerated advertising via telephone counseling, if a person wishing to report or purchase a phone calls.

From May 1, 2015 to August 5, 2016, Defendants posted an advertisement, such as “I, J, and K,” on the Internet at the fourth floor of the Seo-gu Office in the large exhibition (only from May 1, 2015 to August 5, 2016 to “E”, at the bottom of search for news articles on the Internet portal site, to induce the Internet to access the “L homepage”, and on the same website, “at least 100 times the content of spinine, compared to ordinary red ginseng,” such as “I, J, and K,” and on the same website, the Defendants posted an advertisement as “from May 1, 2015 to May 1, 2015 to August 5, 2016, to prevent dementia,” and to make the above advertisement available to the above company to purchase the phone.