beta
(영문) 의정부지방법원 2014.01.27 2013고정2452

건강기능식품에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

A person who intends to sell functional health foods shall be equipped with facilities for each place of business and report to the head of a Si/Gun/Gu having jurisdiction over the location of the place of business, and shall not promote speculative spirit, such as selling examples or offering free gifts, and shall not sell products.

Nevertheless, at around 10:00 on May 12, 2013, the Defendant, without filing a report on the sale of functional health foods, conducted the business of selling “D” products concentrating a tent, which is functional health foods, within “Cata” located in “Cata” in “Cata” located in “Cata,” and offered performance by providing “E” free admission tickets, and offered Han-gu, Multi-use Scataf, etc. as sales examples or free gifts.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Relevant Article on criminal facts, subparagraph 1 of Article 44, Article 6 (2) of the Health Functional Foods Act (a point of business not reported), Article 44 subparagraph 3, and Article 10 (1) 4 of the Health Functional Foods Act (a point of business selling products that encourage speculation), and the selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;