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(영문) 서울남부지방법원 2014.09.18 2012고합852

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who supplies health functional foods to bottles and Council members or sells health functional foods to many unspecified general consumers through Internet shopping mall (P) while operating the O corporation (hereinafter referred to as the “O”).

1. On June 2012, Defendant A sold 34 of the 2,006,00 U.S. functional health foods imported through international home lines without filing an import declaration at the O office located in Q in Yeongdeungpo-gu Seoul Metropolitan Government, and sold functional health foods imported without filing a report thereon with the Commissioner of the Korea Food and Drug Administration.

2. At the place indicated in paragraph (1) around April 2008, Defendant A purchased functional foods imported in the United States, up to August 8, 2010 with functional health foods imported in the United States, and sold the Omermera 3 products with a false label affixed and sold as if the circulation period was until August 8, 201, and from June 2007 to June 201, Defendant A sold a label with a false label attached to the products, such as the label (1) in the attached list of crimes in the attached Form 207 to June 201, with a false label affixed to the products, the circulation period of which has expired by extending the distribution period, and then purchased the label with a false label affixed to the "Belgium B" or the functional health foods distributed in the Si, with the content of which only other functional health foods were imported as if they were normal functional health foods imported from foreign countries.

As a result, Defendant A made a false indication on the name of health functional foods, raw materials, manufacturing methods, dietitians, ingredients, methods of use, quality, and traceability.

3. Defendant A, at the location described in paragraph (1) around October 2010, including sale of 400 products with a mountain content below the standard, as shown in the list of crimes (2) from that time until June 2012.