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(영문) 부산지방법원 2015.08.12 2015고정1953

건강기능식품에관한법률위반

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1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

No one shall place a false or exaggerated indication or advertisement with respect to the name, raw materials, manufacturing methods, dietitians, ingredients, methods of use, quality, and traceability of functional health foods, with a content that has efficacy in preventing and treating diseases or is likely to cause confusion as medicine.

The Defendant, at around 10:30 on September 30, 2014, at the D office located in the Busan-gu Busan-gu Office, the Defendant, “Surriei” for an unspecified number of consumers in the D office located in the Busan-gu, Busan-do Office, the same role as the blood pressure. He will be drinking out of the blood pressure. He will stop blood pressure, and if he sufficiently drinks it, he will get out of the blood pressure. On the other hand, the Defendant will take out the blood pressure from around September 1, 2014, 2014.

9. Until around 30.30, a false and exaggerated advertisement was made to the effect that food might be confused with medicine, and sold an amount equivalent to KRW 4,160,000 in the market price of Newsch Rexrothus 52 bottles, and an amount equivalent to KRW 960,00 in the market price of Acuapius 24 disease.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Application of the Acts and subordinate statutes governing the sales place of commodities and recording summary;

1. Article 44 subparagraph 4 of the relevant Act and Articles 18 (1) 1 and 18 (1) 1 of the Health Functional Foods Act concerning criminal facts;

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

3. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.