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(영문) 수원지방법원 안양지원 2017.08.24 2017고정416

건강기능식품에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From December 2, 2015, the Defendant is a person who sells telecommunications services with the trade name “B”.

No one shall indicate or advertise that the health functional foods have efficacy or effect in the prevention and treatment of diseases, or that such foods are likely to cause mistake or confusion as medicine, with respect to the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and tracking and management of records of health functional foods.

Nevertheless, on January 1, 2017, the Defendant posted an advertisement containing the phrase “CTX powder” and “Ageline” that “it is helpful for medical treatment as well as for the prevention of cTX powder,” and “the ageline is being admitted as an essential material for the care of the persons who have received aviation cancer treatment,” by accessing the Defendant’s NAVER Scam B 501 from the place of business of 501, An advertisement that is likely to mislead or confuse this term “the above ageline” as if it were a medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes governing age-based advertising output;

1. Selection of a fine or fine under Article 43 (1) 2 or 18 (1) 1 of the relevant Act on Functional Health Foods for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;