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(영문) 울산지방법원 2015.08.25 2015고정1113

건강기능식품에관한법률위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant sold functional health foods in the name of “C” on the 2nd floor in Ulsan-gu, Ulsan-gu.

1. No one shall indicate or advertise that functional health foods have efficacy or effect in preventing and treating diseases, or that such foods are likely to be mistaken or confused as medicine, with respect to the name of functional health foods, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and traceability of functional health foods;

Nevertheless, the Defendant conspired with D on January 29, 2015.

4. By August, 400, more than 30 women in the above "C" collected more than average of 30,000 women in the above "C," and the functional health foods for health improved the blood cycle with respect to "vegetative local products (VGETS ESBL ESESAL FAOTAL ACY)" and had high blood pressure and brain stroke, effective on the side that causes other diseases with respect to the "verative alan", and there is an efficacy for preventing diseases, and there is an effect on the "MMM M MAD" treatment, and believed it to be true, with respect to the elderly's vegetative local products (VGEESESESESESESESESESESESESESESESALALALALAL ACTYAL 905,050,000 won for sale of 855,000 won local food products (VGEEE, EMESALALALALALALALYALYYALYYYYYAYYYYYYYYYYYY.

Accordingly, the defendant, in collusion with D, sold health functional foods in an amount of KRW 5,890,00 by labeling or advertising that the defendant would have efficacy or effect in the prevention and treatment of diseases, or that there is a possibility of misconception or confusion as medicine.

2. No person who intends to sell functional health foods shall sell products by promoting a speculative spirit, such as securing the stability of functional health foods, quality control, maintenance of order in the distribution thereof, and provision of free gifts, etc. in order to promote national health;

Nevertheless, the Defendant, in collusion with D, divided merchandise coupons to female elderly people at the same time and place as that of the preceding paragraph at each time, exchanged with rice, etc. as a part of the product with entertainment by singing and dancing.