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(영문) 인천지방법원 부천지원 2013.10.30 2013고정1617

건강기능식품에관한법률위반

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a business of selling functional health foods with a mutual name “C” on the 2nd floor of Bupyeong-si Office B building in Bupyeong-si.

Although a seller of functional health foods is prohibited from selling products by promoting a speculative spirit, such as selling examples or offering free gifts, the Defendant, from around April 2013 to May 3, 2013, sold at least 3,000 won of 1,00 won of c,00 won of c,00 won of c, rice, powder, suspension, etc., and on around the 5th day of the same month and around the 13th day of the same month, the Defendant offered one non-tax system equivalent to 4,00 won of 3,80 won of c,80 won of c,80 won of c,00 of c, a sale example.

As a result, the Defendant promoted speculative spirit such as selling examples or giving free gifts, and sold health functional foods.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

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

1. Article 44 subparagraph 3 of the relevant Act and Articles 10 (1) 4 of the Health Functional Foods Act concerning criminal facts (or selection of fines, in general)

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;