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(영문) 서울북부지방법원 2013.11.12 2013고정2573
건강기능식품에관한법률위반등
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

On February 6, 2013, the Defendant was sentenced to a suspended sentence of three months by imprisonment with prison labor for the crime of injury at the Seoul Southern District Court on February 14, 2013, and the judgment became final and conclusive on February 14, 2013, and the representative of the Seoul Yeongdeungpo-gu Seoul Metropolitan Government “C” selling health foods, etc. in 503 building B, and the said business was ordered to close the business by the competent Gu office on September 14, 2012.

1. Violation of the Functional Health Foods Act;

(a) Any person who intends to sell functional health foods shall install facilities for each place of business and report to the Special Metropolitan City Mayor, etc. under the conditions as prescribed by the Ordinance of the Ministry of Health and Welfare

Nevertheless, the Defendant did not report, from September 24, 2012 to October 2012, sold “D” five boxes, which are functional health foods, and sold unregistered functional health foods by raising profits equivalent to KRW 500,000,00.

(b) No one shall place an advertisement that contains efficacy or effect in the prevention and treatment of diseases, or that is likely to mislead, confuse, or confuse as medicine;

Nevertheless, on September 24, 2012, the defendant's facts on the Niber Blober B are D'D' products, which are simple non-pactc products and have no effect of preventing and treating diseases, but D'the functional health foods' products are non-purc products, but they are products for the promotion of generation and sexual desire, and have efficacy and effect in preventing and treating diseases.

‘The advertisement posted its purpose and made false labeling or advertising.'

2. No person who violates the Food Sanitation Act shall place any indication or advertisement likely to mislead, confuse, or confuse as medicine, any person who has the efficacy or effect in preventing or treating diseases;

Nevertheless, around July 2012, the Defendant has treatment or efficacy with regard to “E, which is a general food, on his NA Blob Blogs,” various diseases such as dementia, nephasis, altopy, urine, pulmonary disease, skin infection, skin infection, and urgical donation.

“Posting an advertisement,” and “F”, which is a general food, and “G”, on September 12, 2012, in the Internet container at the Internet container.

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