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(영문) 서울서부지방법원 2015.08.27 2015고단1534

건강기능식품에관한법률위반

Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 3,00,000 won.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is the managing director of a company that sells health foods, medical appliances, cosmetics, etc. under the trade name, “stock company B” (hereinafter “B”) in Yangcheon-gu Seoul Metropolitan Government D Building 502, and Defendant B is a corporation established for the purpose of selling food, medical appliances, cosmetics, etc.

1. No one shall place any indication or advertisement that differs from facts or exaggeratedly indicates functionality not recognized by the Minister of Food and Drug Safety in relation to the name of health functional foods, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, tracking and management of records of health functional foods, etc.;

The term "E", which is a health functional food, is merely functional certification obtained from the Minister of Food and Drug Safety with respect to "Cassium" (it is necessary for the formation of bones and fassium, necessity for the maintenance of nellal and fassium function, necessity for normal blood response, decrease in risk of occurrence of alsium), and "Aassium" (it is necessary for the formation and maintenance of the bones, necessary for the formation and maintenance of the bones, and assistance for the reduction of risk of occurrence of alsiums), and there is no fact that the functional certification was obtained in relation

Nevertheless, from July 1, 2014 to January 12, 2015, the Defendant advertised “E” products using the Internet (F and G), which are functional health foods, using the Internet (F and G. In doing so, the Defendant: “E products are advertised from the use of the patented raw materials (H) and the growth class, which is the basic foundation for key growth, so that the amount of intra-company growth monmons cost in the process of producing a large quantity of materials, namely, polymagal glusium, thereby promoting growth flusium cost and raising the calcium absorption rate; E is higher than other products; E is the Pium absorption rate of 160% in comparison with E in the actual experiment; 130% in the growth flusium rate of 130% in the growth flusium; and 5cc through 10cm in the flusium from E to E, thereby promoting the production glusium development glusium,” etc.