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(영문) 인천지방법원 2015.07.16 2014고단8206
건강기능식품에관한법률위반등
Text

Defendant

A Imprisonment of 8 months and fines of 5,000,000 won, Defendant B’s imprisonment of 6 months and fines of 3,000,000 won, and Defendant C.

Reasons

Punishment of the crime

Defendant

A The representative of Q Q's functional health foods in the second floor of the Yeonsu-gu P Building in Incheon, Defendant B, Defendant C, Defendant D, Defendant E, and R are employees of Q Q', Defendant F are the representatives of "S", which are distribution companies of "Fraol MM (MM)", which are functional health foods, and T is the representatives of "U", which are functional health foods, and the distributors of "Mam Pol Pol Pol Pol (20ml)" and "U", which are functional health foods, and the representatives of "U", which advertise Pol Pol (MM)'s effects, etc. of "Fol Pol (health functional health foods), and Defendant H are those who supply "blue Plue Pol", which are functional health foods.

1. Violation of the Functional Health Foods Act;

(a) No business operator, etc. who sells IMM sales shall indicate or advertise that the functional health foods are effective or effective in preventing and treating diseases, or that they are likely to mislead or confuse them as medicine; and no business operator of functional health foods shall sell products by promoting speculative spirit, such as selling examples or offering free gifts;

Nevertheless, in collusion with R, Defendant A, Defendant C, Defendant D, Defendant E, and Defendant F made and distributed a leaflet that they would sell kitchen supplies, functional products, and revised clothes at a low price in lieu of advertising expenses from outstanding small and medium enterprises on March 24, 2014, and that they would provide free gifts to them, and induce the main departments between the age of 40 and 62 to the above Qu’s workplace. After Defendant A and Defendant F had the aforementioned main departments “FM” products “this product has an effect on the treatment of minc, minc, luc, and maths, which will be completely cured if 10,000 square meters are recovered.” The remainder of the Defendants might be confused with the aforesaid main departments, as if they were pharmaceutical products.

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