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(영문) 대구지방법원 상주지원 2015.12.15 2015고단454

건강기능식품에관한법률위반등

Text

Defendant

A Imprisonment with prison labor of 10 months and fines of 7 million won, and Defendant B shall be punished by a fine of 5 million won.

The defendants are the defendants.

Reasons

Punishment of the crime

1. Defendants violating the Door-to-Door Sales, etc. Act are mainly engaged in door-to-door sales business for senior citizens under the trade name “D”.

No door-to-door seller shall engage in any act of inducing or trading with consumers by making a false or exaggerated representation or by using deceptive means.

Nevertheless, around June 2014, at the public relations center of the above company located in the Chungcheongnamcheon-gun, Chungcheongnamcheon-gun, the Defendants invited older persons residing in the vicinity to show a free performance while providing them with cremation paper, taxation paper, and miscellaneous products, and predicted the interest of older persons, and the facts as to the Onnuri products have the same effect as the treatment of satisfy or the removal of satisfy. However, despite the absence of the same effect as the above products, the Defendants advertised that “the use of these products would lose unsatisfy, and open to the head would be good,” and sold products of KRW 8,1350,000 per unit by means of the above method until April 2015, as described in attached Table 1, including the sale of the products of KRW 16,1350,00 in total at the market price of 16 kinds, such as so on.

As a result, the Defendants conspired to inform false or exaggerated facts or induce or trade with consumers by using deceptive means.

2. Any person who intends to sell health functional foods in violation of the Health Functional Foods Act shall report to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si

Nevertheless, the Defendants conspired and did not report to the competent authorities on June 2014, and sold functional health foods as shown in the attached Table 2 from April 2015, as well as from the publicity office of the above Paragraph (1) companies located in the Gancheon-gun, Gancheon-gun, Gancheon-gun.

Summary of Evidence

1. Defendants’ legal statement

1. Statement to E by the police;

1. The records of seizure and the list of seizure;