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(영문) 광주지방법원 2015.08.13 2014노3186

건강기능식품에관한법률위반

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not use food spirits, and thus, it cannot be deemed that he manufactured propool leasing, and there is no fact that he sold propool leasing.

2. Comprehensively taking account of the following facts acknowledged by the lower court and the evidence duly admitted and examined by the lower court and each of the following circumstances inferred therefrom, the Defendant’s production for the purpose of selling propool lease, which is functional health foods, can be acknowledged as the facts charged. A.

The Defendant consistently stated in the investigative agency (Investigation Records No. 240 pages), the lower court and the first instance court that “The content of alcoholic content was manufactured by mixing 1/3 of salarypropool lease ingredients (Investigation Records No. 67 pages) with the content of 1/3 of alcoholic beverages sold in the market instead of spirits, and provided customers who purchase the altered as service teas for one year.” (1) The Health Functional Foods Act (hereinafter “Health Functional Foods Act”) states that “The content of alcoholic content was manufactured by mixing it with the content of 30% of alcoholic content that is sold in the market instead of spirits, and provided customers who purchase it free of charge.” (2) The Health Functional Foods Act (hereinafter “Health Functional Foods Act”) provides customers who purchase it as service teas.

1. The term "functional health foods" means foods manufactured (including processed foods; hereinafter the same shall apply) using functional ingredients or ingredients useful to the human body;

(2) The manufacturing method(1) of the manufacturing functional foods of the Ministry of Food and Drug Safety (Article 2013-207 ( August 16, 2013) 2-8 (Article 2013-207)) 2-8 prool extractions 1) : The manufacturing method of the propool (2) made by mixing his portion with the water collected from the plant: the raw material of subparagraph (1) above shall be removed from the water, and shall be extracted from water, spirits (including mixed spirits), or carbon dioxide (Article 10 g/g).